Deepak Sah @ Deepak Kumar Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71187 of 2024 Arising Out of PS. Case No.-210 Year-2024 Thana- MANJHI District- Saran ====================================================== Deepak Sah @ Deepak Kumar Sah S/o Ratdev Sah @ Ratidev Sah R/o Village- Tajpur, P.S.- Manjhi, District- Saran (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Dewendra Narayan Singh For the Opposite Party/s :
Mr.Anil Kumar Singh No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-11-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Manjhi Police Station Case No. 210 of 2024, dated 27.06.2024, disclosing offences punishable under Sections 35/26/25(1-b)a of the Arms Act.
3. The prosecution case, as per the First Information Report, is that the police, on secret information that three persons, having illegal weapons, are going on a motorcycle to Tajpur, proceeded towards the place of occurrence and saw three persons were coming from village Narpaliya on a motorcycle and on seeing the police, all the persons tried to flee away, but the police apprehended two of them while one person succeeded in fleeing away. The apprehended persons disclosed their names as Abhi
Patna High Court CR. MISC. No.71187 of 2024(2) dt.11-11-2024 2/3 Kumar Gupta and Ayush Raj and they also disclosed the name of the person, who succeeded in fleeing away as the petitioner. On search, the police recovered three countrymade pistols along with live cartridges from their possession.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case due to village politics. He further submits that no incriminating material has been recovered from the possession of the petitioner and his name transpired on disclosure made by the arrested co-accused. He further submits that the petitioner has got no criminal antecedent.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the name of the petitioner came upon disclosure made by arrested persons and the petitioner has got no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing
Patna High Court CR. MISC. No.71187 of 2024(2) dt.11-11-2024 3/3 bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned 11th Additional Chief Judicial Magistrate, Saran, at Chapra, in connection with Manjhi Police Station Case No. 210 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √