Patna High CourtCR. MISC./71266/2018allowed

Birju Kumar Rai @ Birju Rai v. The State Of Bihar

2018-12-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71266 of 2018 Arising Out of PS. Case No.-802 Year-2018 Thana- SONEPUR District- Saran ====================================================== Birju Kumar Rai @ Birju Rai, Son of Baiju Rai, Resident of VillageChhitarchak, P.S.- Sonepur, District- Saran at Chapra. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Sonepur P.S. Case No. 802 of 2018 for the offence under Sections 457, 380 of the Indian Penal Code and Sections 26, 35 of the Arms Act.

Learned counsel appearing on behalf of the petitioners submits that the petitioner has no criminal antecedent. The name of the petitioner surfaced on the confessional statement of the co-accused. Learned counsel for the petitioner submits that the petitioner has not committed any offence and no one has seen the commission of the offence. Except confessional statement there is no material which shows involvement of the petitioner in alleged offence.

Patna High Court Cr.Misc. No.71266 of 2018(2) dt.17-12-2018 2/2 Considering the totality of the facts situation, let the petitioner above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Court of learned Additional Chief Judicial Magistrate-1st, Saran at Chapra, in connection with Sonepur P.S. Case No. 802 of 2018, subject to the conditions as laid down under Section 438 Cr.P.C. (Anil Kumar Upadhyay, J) T.Kr./Rashid U T