Sambhu Kumar @ Shambhu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67766 of 2024 Arising Out of PS. Case No.-136 Year-2021 Thana- SARAI RANJAN District- Samastipur ====================================================== Sambhu Kumar @ Shambhu Son of Umesh Ray R/O- Rasalpur, P.SSarairanjan, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Shekhar, Advocate For the Opposite Party/s :
Mr. Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 342 and 394 of the Indian Penal Code and Sections 25 and 27 of the Arms Act.
3. As per allegation in the FIR, the informant while he was returning on his motorcycle having taken loan of Rs.30,000/-, the petitioner along with others forcibly stopped him and at the point of pistol took away his motorcycle as well as said cash amount.
4. Learned counsel for the petitioners submits that petitioner has falsely been implicated in this case. He next
Patna High Court CR. MISC. No.67766 of 2024(3) dt.18-01-2025 2/2 submits that similarly situated co-accused persons has been granted regular bail by this Court passed in Cr. Misc. no. 12247 of 2024, he has no concern with the looted amount and there was much delay for more than two months as stated in para-6 of the petition, in lodging of the FIR.
5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner.
6. In view of the aforesaid facts and circumstances of this case fact that there was much delay in lodging of the FIR, let the above named petitioner be released on anticipatory bail in the event of his arrest or surrender before the court below 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 Chief Judicial Magistrate, Samastipur in connection with Sarairanjan P.S. Case No. 136 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T