Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68724 of 2022 Arising Out of PS. Case No.-289 Year-2022 Thana- MINAPUR District- Muzaffarpur ====================================================== Shekhar Kumar S/O Ram Nath Sahni R/O Village- Bara Bharti, P.S- Minapur, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr.Dilip Kumar Roy, Advocate For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-02-2023 Heard learned senior counsel for the petitioner and learned Additional Public Prosecutor for the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 399/402/400/401/34 of the Indian Penal Code and Sections 25(1-b)a/26/35 of the Arms Act.

It is alleged that on secret information, police reached the place of occurrence where one vehicle was found standing in which 5-7 persons were sitting. On seeing the police they started running and on chase two persons were apprehended and from the possession of the apprehended persons one loaded country made pistol and two cartridges were recovered.

It is submitted by learned senior counsel for the

Patna High Court CR. MISC. No.68724 of 2022(3) dt.06-02-2023 2/2 petitioner that the petitioner has falsely been implicated in the present case and neither there is any recovery from the conscious possession of the petitioner nor he was arrested from the spot. A statement has been made in paragraph 3 of the petition that the petitioner is accused in two other cases in which he is on bail and the name of the petitioner sprang up on the confessional statement of the co-accused persons. Learned APP opposed the prayer for anticipatory bail.

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.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned court below where the case is pending/successor court in connection with Minapur P.S. Case No. 289 of 2022, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) DKS/- U