Prem Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63436 of 2024 Arising Out of PS. Case No.-709 Year-2023 Thana- MANER District- Patna ====================================================== Prem Kumar Son of Ramashankar Ray R/O Chaudarsi, P.S.- Maner, DistrictPatna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Patanjali Rishi For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-01-2025 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends arrest in connection with Maner P.S. Case No.709 of 2023 registered for the offence under Sections 147, 148, 149, 447, 307, 387, 379, 504, 506 and 120B of the Indian Penal Code and Sections 25(1B), 26, 35 and 27 of the Arms Act. 3.

The allegation against the petitioner along with other co-accused persons is to mining sand at Suarmarwa Sone Ghat and also firing indiscriminately, where, there was recovery of country made firearms and cartridges from them.

Patna High Court CR. MISC. No.63436 of 2024(2) dt.17-01-2025 2/3 4.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in the present case. It is submitted that the name of the petitioner surfaced in the present case on the basis of disclosure made by other apprehended co-accused person. It is submitted that no specific allegation has bee made against this petitioner and nothing has been recovered from conscious physical possession of this petitioner. It is submitted that petitioner is a man of clean antecedent.

5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioner and as no specific allegation as regarding to firing and mining of sand has been levelled against this petitioner and name of this petitioner has been surfaced on the basis of disclosure of other co-accused person, let the above-named petitioner be released on anticipatory bail in the event of his arrest or surrender before the trial court within a period of six weeks from today on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Danapur, Patna in

Patna High Court CR. MISC. No.63436 of 2024(2) dt.17-01-2025 3/3 connection with Maner P.S. Case No.709 of 2023 subject to the condition laid down under Section 438(2) of Cr.P.C. (Ramesh Chand Malviya, J) S.Katyayan/- U T