Raushan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76691 of 2024 Arising Out of PS. Case No.-205 Year-2024 Thana- BALIYA District- Begusarai ====================================================== 1.

Raushan Kumar S/o Ramashish Singh R/o Vill- Sadanandpur, P.SBegusarai, Kotwali, Distt.- Begusarai, Bihar 2.

Golu Kumar @ Anuranjan Kumar S/o Munna Singh @ Dhananjay Kumar Singh R/o Vill- Sadanandpur, P.S- Begusarai, Kotwali, Distt.- Begusarai, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saket Anand For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-11-2024

1. Heard the parties.

2. The petitioners apprehend their arrest in connection with Ballia P.S. Case No. 205 of 2024 dated 24.06.2024 registered under Section 399 and 402 of the I.P.C. and Section 25(1-B) (a), 26, 35 of the Arms Act.

3. As per the First Information Report the Police intercepted six persons sitting on two motorcycles. Upon seeing the Police party three persons riding on one motorcycle fled away after leaving the motorcycle on spot. The Police arrested three persons riding on another motorcycle and recovered two motorcycles, one Katta and four live cartridge of 0.315 bore. The Police seized both the motorcycles. The arrested three

Patna High Court CR. MISC. No.76691 of 2024(2) dt.18-11-2024 2/3 accused persons disclosed the name of petitioners and others, who succeeded in fleeing away.

4. Learned counsel for the petitioners submits that petitioners have been implicated in this case on the basis of disclosure of their name by the arrested co-accused persons. No incriminating article and / or fire arm has been recovered from the motorcycle in question which was allegedly left by the petitioners on the place of occurrence. The petitioners are not the owner of the seized motorcycle as stated in paragraph no. 7 of this application. The petitioners are not having criminal antecedent of similar nature of offence and the petitioner no. 1 is only having one antecedent under the Excise Act.

5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioners are not the owner of the motorcycle which was seized from the place of occurrence left by by its rider and the petitioners are not having any criminal antecedent of similar nature of offence, I am inclined to grant anticipatory bail to the petitioners.

6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each

Patna High Court CR. MISC. No.76691 of 2024(2) dt.18-11-2024 3/3 with two sureties of the like amount each to the satisfaction of Nancy Kumari, J.M. Ist Class, Begusarai in connection with Ballia P.S. Case No. 205 of 2024 subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anil Kumar Sinha, J) praful/- U T