Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51678 of 2019 Arising Out of PS. Case No.-66 Year-2019 Thana- SIKRAUL District- Buxar ====================================================== RAVI KUMAR, S/o Suraj Singh R/o Muhalla- Virat Nagar, P.S.- Buxar (T), Distt.- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 19-08-2019 The petitioner apprehends his arrest in connection with Sikroul P. S. Case No. 66 of 2019 registered under Sections 25(1-B)A/26 of the Arms Act.

Allegation against the petitioner, as per FIR, is that police got information that some persons were carrying illegal weapons and moving around village- Kalyanpur and when police proceeded towards place of occurrence, seeing the police party, the persons sitting on motorcycle left the motorcycle and tried to flee away and after chase one person Deepak Kumar was arrested from whose possession, a mobile phone was recovered and the persons who fled away taking the benefit of darkness had thrown the weapon. It has further been alleged that arrested person disclosed the name of petitioner, who allegedly fled away from the place of occurrence. It has further

Patna High Court CR. MISC. No.51678 of 2019(2) dt.19-08-2019 2/3 been alleged that police searched the arrested person and recovered one barrel country made gun, black colour Hero Super Splender motorcycle having registration no. UP 60W 9257 and one mobile from the possession of Deepak Kumar and one country made pistol thrown by petitioner i.e., Ravi Kumar. Learned counsel appearing on behalf of the petitioner submits that name of the petitioner has appeared on the basis of statement made by arrested co-accused and the motorcycle which was recovered by the police does not belong to the petitioner.

After having heard learned counsel for the parties and taking into consideration the fact that petitioner has got no criminal antecedent and that no recovery of any firearms was made from the possession of the petitioner and the name of the petitioner has transpired on the basis of statement made by arrested co-accused, accordingly, I am inclined to grant anticipatory bail to the petitioner.

Let the petitioner, above-named, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM,

Patna High Court CR. MISC. No.51678 of 2019(2) dt.19-08-2019 3/3 Buxar in connection with Sikraul P.S.Case No. 66 of 2019; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) sujit/- U T