Raza Kumar @ Raza @ Subham @ Shubham Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45558 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -BOCHHA District- MUZAFFARPUR ====================================================== Raza Kumar @ Raza @ Subham @ Shubham Kumar Son of Dhirendra Singh Resident of Village-Gharbhara, P.S.-Bochahan, District-Muzaffarpur .... .... Petitioner

Versus

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

For the Petitioner : Mr. Amit Kumar Jha, Advocate. For the Opposite Party : Mr. Ajit Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-09-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 399, 402, 414/34 of the IPC and 25(1-b) a, 26 and 35 of the Arms Act.

The prosecution story, in brief, is that the informant alongwith other police officials on secret information caught Bheem Paswan, Sanjay Paswan and Md. Azad and recovered a country made pistol alongwith cartridges, a mobile and two motorcycles respectively from them.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the

Patna High Court Cr.Misc. No.45558 of 2017 (2) dt.22-09-2017 2/2 witnesses alleged against the petitioner. There is no recovery of any arms from possession of the petitioner. The name of the petitioner has come on the basis of confessional statement of a coaccused from whose possession the arms were recovered. No offence under the Arms Act is made out against the petitioner. On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R/ complaint case.

Considering the aforesaid facts and circumstances, let the petitioner above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Muzaffarpur, in connection with Bochahan P.S. Case No. 35/2017. U.K./- (Sudhir Singh, J) U T