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Patna High CourtCR. MISC./73101/2024allowed

Arjun Kumar @ Arjun Kumar Raut @ Arjun Kr. @ Arjunakr. Rawat v. The State Of Bihar

2024-10-23Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73101 of 2024 Arising Out of PS. Case No.-286 Year-2024 Thana- MADHAURAH District- Saran ====================================================== Arjun Kumar @ Arjun Kumar Raut @ Arjun Kr. @ Arjuna Kr. Rawat Son of Rajkumar Raut @ Raju Raut, Resident of Village- Pakahan, Near Gadhdevi Temple, Police station- Marhowrah, District - Saran (Chapra). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Brij Kishor Mishra, Advocate.

For the Opposite Party/s :

Mr. Shailendra Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 23-10-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in connection with Marhowrah P.S. Case No.286 of 2024 instituted under Sections 399 & 402 of the Indian Penal Code and under Sections 25(1-b)a/26/35 of the Arms Act.

3. As per the prosecution case, during the raid by the Police, one co-accused Jitu Kumar was apprehended from whom one loaded katta alongwith knife have been recovered. It is alleged that petitioner and other co-accused persons have fled away and their names have been disclosed by the apprehended coaccused Jitu Kumar.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that petitioner is aged about 19 years who is a

Patna High Court CR. MISC. No.73101 of 2024(2) dt.23-10-2024 2/2 student of intermediate, having no criminal antecedent and he has no concern with the co-accused or the recovered material. Learned counsel submits that petitioner was not present at the spot, nor any incriminating substance have been recovered from his possession or from his house. He further submits that except the disclosure statement of co-accused, there is no material against the petitioner. Petitioner undertakes to cooperate in the investigation.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Saran at Chapra in connection with Marhowrah P.S. Case No.286 of 2024, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J) Ritik/- U T