Ankit Srivastava @ Aryan Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77538 of 2024 Arising Out of PS. Case No.-146 Year-2024 Thana- MUFFASIL District- West Champaran ====================================================== Ankit Srivastava @ Aryan Raj Son of Lal Babu Srivastava R/O Vill.- Banuchhapar, Ward no. 29, P.S.- Muffasil Bettiah, Dist.- Bettiah. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Chandra, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-11-2024 Heard Mr. Shashank Chandra, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 25(1-B) (a), 26 of the Arms Act.

3. Allegedly, seeing the police, petitioner is said to have fled away from his disputed land throwing a pistol in the bush.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. He has falsely been implicated in this case due to ulterior motive. Nothing has been recovered from the conscious possession of the petitioner. The allegation levelled against the petitioner is

Patna High Court CR. MISC. No.77538 of 2024(2) dt.19-11-2024 2/3 totally false and based on concocted facts. The real fact is that the present case has been instituted at the behest of the seizure memo witnesses in collusion with the S.H.O. of Muffasil Police Station including the informant in order to usurp the land of the petitioner. It is relevant to mention here that the seizure memo witnesses are on inimical term with the petitioner as well as his family since 2017 due to land dispute and when the petitioner as well as his family started taking recourse of legal remedies for securing the possession of their land, the seizure memo witnesses filed this false case against the petitioner. Learned counsel further submits that petitioner has no concern with the alleged occurrence. He has one criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail.

6. Having regard to the facts and circumstances of the case, since there is no recovery from the conscious possession of the petitioner, 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 the learned Court below where the case is

Patna High Court CR. MISC. No.77538 of 2024(2) dt.19-11-2024 3/3 pending/successor Court in connection with Bettiah Muffasil P.S. Case No. 146 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T