Sanjeet Kumar @ Sanjeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73149 of 2023 Arising Out of PS. Case No.-164 Year-2023 Thana- JANDAHA District- Vaishali ====================================================== SANJEET KUMAR @ SANJEEV KUMAR S/O SUBODH SAHANI @ BHUTWA VILLAGE- CHAND SARAI, PS. MAHUA, DIST. VAISHALI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sabal Kumar Jha, Advocate For the Opposite Party/s :

Mr.Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Jandaha P.S. Case No. 164 of 2023 dated 31.05.2023 registered for the offences punishable u/ss 395, 397 and 506 of the Indian Penal Code and u/ss 25(1-b)a and 27 of the Arms Act.

3. As per the prosecution case, 2-3 unknown miscreants boarded on two motorcycles are alleged to have assaulted the informant's friend and snatched the belongings from the informant and one JCB driver. Thereafter, they fled away by firing in the air.

4. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner is not named in the F.I.R. The name of the petitioner has

Patna High Court CR. MISC. No.73149 of 2023(2) dt.28-11-2023 2/2 sprung up in the confessional statement of the co-accused, Raushan Kumar. No incriminating article has been recovered from the possession of the petitioner. It is further submitted that the petitioner has no concern with the alleged offence. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the anticipatory bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Vaishali at Hajipur in connection with Jandaha P.S. Case No. 164 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T