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Patna High CourtCR. MISC./60265/2023allowed

Saroj Kumar @ Sanoj Kumar @ Suyiya v. The State Of Bihar

2023-10-13Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60265 of 2023 Arising Out of PS. Case No.-543 Year-2022 Thana- UDWANTNAGAR District- Bhojpur ====================================================== Saroj Kumar @ Sanoj Kumar @ Suyiya S/O- Uma Shankar Singh VillageSalempur Ps- Chandi Dist- Bhojpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prabhat Kumar Singh For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 399, 402, 467, 468, 471, 414, 120(B) of the Indian Penal Code and Section 25(1-b)a, 36, 35 of the Arms Act.

3. The informant alleges that one Golu Kumar was arrested with one country made pistol along with one live cartridge and one Apache and one Splendor motorcycle was also seized from the premises of Bramhsthan at Udwantnagar.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner is not arrested on spot and his name was disclosed by apprehended persons. He further submits that nothing has been

Patna High Court CR. MISC. No.60265 of 2023(2) dt.13-10-2023 2/2 recovered from conscious possession of the petitioner. Similarly situated co-accused, enlarged on bail by a co-ordinate bench of this court vide order dated 25.07.2023 passed in Cr. Misc. No. 28040 of 2023. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Considering the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Udawantnagar P.S. Case No. 543 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

7. Learned Court below shall accept the bail bond of the petitioner after verifying the fact that the petitioner has no criminal antecedent.

(Anjani Kumar Sharan, J) anand/- U T