Lakshman Shah @ Laxman Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63305 of 2019 Arising Out of PS. Case No.-77 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== Lakshman Shah @ Laxman Sah, Son of Acchelal Lal Sah @ Achhelal Sah Resident of Village - Belsand, P.S.- Belsand, Dist.- Sitamarhi. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Jha For the Opposite Party/s :
Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-10-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Sitamarhi P.S. Case No. 77 of 2019, registered under Sections 399 and 402 of the Indian Penal Code and Section 25(1-B) and 26/35 of the Arms Act.
The accusation is that on receiving secret information about gathering at Kanta Chouck near the bus stand, the informant along with other police personnel reached there. On seeing police party, some persons started to flee away while on chased, Sinku Kumar and Rohit Kumar were apprehended, who disclosed the name of their four associates who succeeded to flee away including the name of the petitioner. On search, on
Patna High Court CR. MISC. No.63305 of 2019(2) dt.21-10-2019 2/2 country made loaded pistol was found from possession of Sinku Kumar and one live cartridge was also found from possession of Rohit Kumar.
Learned counsel for the petitioner submits that petitioner was not apprehended at the spot but his name has come in the confessional statement of co-accused, Sinku Kumar and Rohit Kumar. Further submission is that petitioner has no criminal antecedent.
Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned 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 the learned Chief Judicial Magistrate, Sitmarhi, in connection with Sitamarhi P.S. Case No. 77 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T