Tappu Kumar @ Tappu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61113 of 2019 Arising Out of PS. Case No.-9 Year-2019 Thana- JAMHOR District- Aurangabad ====================================================== TAPPU KUMAR @ TAPPU SINGH Son of Arjun Singh Resident of VillageManjurahi, P.S-Mufassil, District-Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar No. 2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-09-2019 Heard learned counsel for the petitioner as well as learned APP for the State.

Petitioner apprehend his arrest in connection with Jamhore P.S. Case No.9/2019, for the offence punishable under Sections 341,323,307,504,506/34 of the IPC and 25(1-b)a 26/27,36 of Arms Act.

The allegation against the petitioner as per First Information Report is that the police arrested two persons, namely, Jitu Singh and Suraj Kumar Sonu from the place of occurrence and two cartridges from Jitu Singh and one cartridge from Suraj Kumar Sonu were recovered by the police. It has further been alleged that having seen the police party the petitioner fled away with Katta from the place of occurrence. The police found that they were in drunken state.

Learned counsel for the petitioners submit that petitioner has got no criminal antecedent and has falsely been implicated in this

Patna High Court CR. MISC. No.61113 of 2019(2) dt.26-09-2019 2/2 case. Learned counsel for the petitioner submits that no cartridge has been recovered from possession of the petitioner. Learned counsel appearing for the State vehemently opposes the prayer for anticipatory bail.

Having regard to the submission made by the parties and taking into consideration the fact that no recovery has been made from the conscious possession of the petitioner, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the petitioner, above named, is directed to surrender before the learned Court below within a period of four weeks and in the event of surrender by them, they shall be released on anticipatory bail by the court below upon furnishing bail bond of Rs.10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge, VIIth-cum-Special Judge (Excise), Aurangabad in connection with Jamhore P.S. Case No.09/2019, subject to the condition as mentioned under Section 438(2) of Cr.P.C.

(Anil Kumar Sinha, J) Prakash Narayan /- U T