Patna High CourtCR. MISC./70191/2018bail granted

Ashutosh Pandey v. The State Of Bihar

2018-12-07Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70191 of 2018 Arising Out of PS. Case No.-207 Year-2018 Thana- SAHPUR District- Bhojpur ====================================================== Ashutosh Pandey, S/o Tej Narayan Pandey, Resident of Village- Narainpur, P.S.- Behea, District- Bhojpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarendra Kumar For the Opposite Party/s :

Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 07-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 399 and 402 of IPC and Sections 25(1-B)a,26 and 35 of the Arms Act. The prosecution case is that during patrolling the informant received an information that some criminals have assembled in an abandoned house towards north Ara Buxar Road near village Saraiya to commit crime, whereupon, the informant along with police party reached there. Some criminals managed to flee away but two persons were apprehended who disclosed their names as Sumit Pandey and Vikash Tiwari and from their possession arms and ammunition were recovered. It is submitted by learned counsel for the petitioner that there is no recovery from the petitioner and due to previous

Patna High Court Cr.Misc. No.70191 of 2018(2) dt.07-12-2018 2/2 dispute he has been named in the FIR.

Learned APP submits that the petitioner is named in the FIR.

Considering the fact that no recovery has been made from the petitioner coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhojpur at Ara in connection with Shahpur P.S. Case No. 207 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U