Raju Nut v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79205 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- THAWE District- Gopalganj ====================================================== Raju Nut Son of Kishori nut Resident of village- Jhajhwa P.S -Sidhwalia, Dist- Gopalganj P/A- Narhanpur, ps- Barharia, dist- Siwan ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Naresh Prasad, Adv.
For the Opposite Party/s :
Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Thawe P.S. Case no. 11 of 2024 instituted for the offence under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)a/26/35 of the Arms Act.
3. The case of the prosecution is that police has received a secret information that some unknown criminals have gathered near Sihorawa Siphon to commit some major crime. When the police visited that place, they found that 10 to 12 person were sitting there. After seeing the police force, the
Patna High Court CR. MISC. No.79205 of 2024(2) dt.02-12-2024 2/3 persons started fleeing away. Three persons were apprehended and apprehended persons disclosed the name of this petitioner. One Honda Shine motocycle was recovered which belongs to this petitioner that was also disclosed by the apprehended persons.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. This petitioner was not apprehended at spot. Nothing has been recovered from his possession. A statement has been made in para-3 of this petition that the petitioner has got criminal antecedent of two cases.
5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.
6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Thawe P.S. Case no. 11 of 2024, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.79205 of 2024(2) dt.02-12-2024 3/3 satisfaction of learned Chief Judicial Magistrate, Gopalganj, District-Gopalganj subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Ashok Kumar Pandey, J) Suruchi/- U T