Sharma Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54855 of 2022 Arising Out of PS. Case No.-134 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== SHARMA YADAV Son of Late Punit Yadav Resident of Village - Fazilpur, P.s.- Rajepur, Distt.- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manjeet Kumar Mishra For the Opposite Party/s :

Mr.Dr. Ajeet Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 03-02-2023 Heard the learned counsel for the petitioner as well as learned APP for the State.

The petitioner apprehends his arrest in connection with Motipur P.S. Case No. 134 of 2021, S.Tr. No. 301 of 2022, registered for the offences punishable under Sections 399, 400, 402, 120B, 34 of the Indian Penal Code and Section 25(1b)a/26/35 of the Arms Act. Some persons were seen in suspected condition. Police raided and nabbed two of them. One country-made pistol was recovered from Chanesh Kumar Sahni and one cartridge was recovered from co-accused Kanchan Kumar.

The learned counsel for the petitioner has submitted that the petitioner was not found at the spot. There is nothing

Patna High Court CR. MISC. No.54855 of 2022(2) dt.03-02-2023 2/2 against the petitioner, except the fact that the culprits used his motorcycle. As a matter of fact, co-accused Kanchan Kumar, brother-in-law of the petitioner, has taken motorcycle of the petitioner. The petitioner has falsely been implicated in this case. He is a person of clean antecedent.

Considering the above-mentioned facts and circumstances as well as the clean antecedent of the petitioner, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge - XI, Muzaffarpur in connection with Motipur P.S. Case No. 134 of 2021, S.Tr. No. 301 of 2022 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J) kundan/-Nirmal U T