Bittu Kumar Vs The State of Bihar

====================================================== Appearance : For the Petitioner/s : Mr. Purusottam Kumar, Adv For the Opposite Party/s : Mr. Nitya Nand Tiwary, APP

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CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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3 10-05-2024

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The petitioner is apprehending his arrest in connection with Bihta P.S Case No. 311 of 2023 dated 26.03.2023 registered for the offence punishable u/s 399, 402, 414 I.P.C. and 25(1-B)a, 26, 35 of the Arms Act.

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As per the prosecution case, some accused persons sitting in Bolero and bullet motorcycle were raided by Police and on search some incriminating articles were recovered from their respective possession. On investigation, the co-accused Niranjan Kumar disclosed that the said 30.06 rifles is illegal and going to sale to sand mafiya, Uma Shankar Singh @Sipahi Ji. He is further submitted that they used to sale illegal arms and

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Patna High Court CR. MISC. No.6680 of 2024(3) dt.10-05-2024 2/3

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cartridges for the purpose of illegal mining in Bihta by way of creating terror by firing and capturing sand ghats.

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Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is further submitted that as per the F.I.R., the allegation is that the apprehended accused persons were allegedly going to sell the recovered arms and ammunition to the petitioner and second part of the allegation is that they were going to commit dacoity with the recovered arms and ammunition which create doubt upon prosecution case. The the name of petitioner was disclosed by the apprehended persons who were seated in the Bolero. It is further submitted that the petitioner is the owner of the said vehicle but the same was not being driven by him at the time of the alleged recovery. Similarly situated co-accused person, namely, Golu Kumar has already been granted anticipatory bail by this Court vide order dated 19.04.2024 passed in Cr. Misc. No. 6609 of 2024. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has no criminal antecedent as stated in para 3 of the bail petition.

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

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Patna High Court CR. MISC. No.6680 of 2024(3) dt.10-05-2024 3/3

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Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory 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, Danapur, in connection with Bihta P.S Case No. 311 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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The application stands allowed.

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(Chandra Prakash Singh, J)

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jyoti/-

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U T

Bittu Kumar v. The State of Bihar

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Bittu Kumar v. The State of Bihar

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