Sahil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4789 of 2025 Arising Out of PS. Case No.-574 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Sahil Kumar S/O Anil Ray @ Anil Kumar Rai R/O Village- Dighi Kalan East, P.S- Hajipur Sadar, Distt.- Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Anil Kumar, Advocate For the State :

Mr. Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-02-2025 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 111(4) and 61 of the B.N.S. and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, two persons were apprehended at the spot with two loaded pistols and two live cartridges who disclosed the name of this petitioner as one of the accused who fled away from the spot.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has committed no offence. Petitioner has falsely been implicated in this case merely on the basis of confessional statement of coaccused persons who were apprehended at the spot. No arms or

Patna High Court CR. MISC. No.4789 of 2025(2) dt.25-02-2025 2/2 ammunition has been recovered from conscious possession of this petitioner.

5. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner and submitted that petitioner is named in the F.I.R. and there is specific and direct accusation that he, along with other accused persons, had gathered at the place of occurrence for committing some crime and fled away after seeing the police party. It is further submitted that petitioner has also got one criminal antecedent of similar nature.

6. Considering the aforesaid facts and circumstances, specific and direct nature of accusation and fact that petitioner has got one criminal antecedent of similar nature, the prayer for grant of anticipatory bail to the petitioner is rejected. (Prabhat Kumar Singh, J) shashank/- U T