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Patna High CourtCR. MISC./2789/2020rejected

Rakesh Kumar Sah v. The State Of Bihar

2020-06-22Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2789 of 2020 Arising Out of PS. Case No.-513 Year-2019 Thana- HAJIPUR District- Vaishali ====================================================== Rakesh Kumar Sah S/o Vidha Sah Resident of Andarkila, Nakhas Chowk, P.S.- Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Prabhat, Advocate.

For the Opposite Party/s :

Mr.Satyendra Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 22-06-2020 This matter has been taken up through Video Conferencing.

Heard the parties.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 399, 402 and 414/34 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

Though the petitioner was not arrested at the spot when others were apprehended and fire arm was recovered from them. However, name of the petitioner surfaced in the confessional statement of arrested persons. Petitioner has got a criminal antecedent of offence under Section 302 IPC. Considering the totality of the facts, in my view, this is not a fit case for grant of anticipatory bail. Hence prayer for bail of the petitioner is refused in connection with Hajipur Town

Patna High Court CR. MISC. No.2789 of 2020(3) dt.22-06-2020 2/2 P.S. Case No. 513 of 2019.

However, in the event of surrender of the petitioner, prayer for regular bail shall be considered without being prejudiced by this order and on its own merit. (Birendra Kumar, J) mantreshwar/- U T