Patna High CourtCR. MISC./2841/2019dismissed

Arun Kr. Rai @ Arun Rai v. The State Of Bihar

2019-01-22Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2841 of 2019 Arising Out of PS. Case No.-628 Year-2018 Thana- MANER District- Patna ====================================================== Arun Kr. Rai @ Arun Rai, aged about 32 years (M), Son of Soharai Rai, Resident of Village - Rewa Mahangu Tola (Balua), P.S. Maner, District-Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Satish Chandra, Advocate.

For the Opposite Party :

Mr.Rajeev Nayan (App 231) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 22-01-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is apprehending his arrest in a case for the offence registered under Sections 25 (1-b)a, 26 and 35 of the Arms Act.

The prosecution story, in brief, is that when the informant alongwith other police personnels raided, the petitioner succeeded in fleeing away with the arms and ammunition while his associate, namely, Muku Kumar was caught and from his possession, a country made pistol and a live cartridge were recovered.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the

Patna High Court Cr.Misc. No.2841 of 2019(2) dt.22-01-2019 2/2 witnesses alleged against the petitioner. Except for, confessional statement of co-accused, there is no other substantive evidence to suggest the implication of the petitioner in the present case. There is no recovery of arms from conscious possession of the petitioner.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is named in the F.I.R and he has criminal antecedent.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in connection with Maner P.S. Case No. 628 of 2018, pending in the court of learned J.M. Ist Class, Danapur. Anyhow, if the petitioner surrenders and prays for regular bail in the learned court below, the same shall be considered on its own merit without being prejudiced by this order of the Court preferably on the same day.

(Sudhir Singh, J) U.K./- U T