Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20832 of 2024 Arising Out of PS. Case No.-215 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Sunny Kumar Son of Akhilesh Rai Resident of vill.-Manjholi, P.S.-Bidupur, Distt.-Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest in Bidupur P.S. Case No. 215 of 2023, registered under Sections 399, 402, 414, 467, 468, 471 & 120(B) of the Indian Penal Code read with Section 25(1-B)a, 26 & 35 of the Arms Act.

3. The prosecution case, in short, is that on secret information police reached at the place of occurrence and apprehended accused persons who were planning to rob the Khatri Jewellery situated near Bidupur maket.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is named in the F.I.R and has got

Patna High Court CR. MISC. No.20832 of 2024(3) dt.10-04-2024 2/2 eight criminal antecedents. Learned counsel for the petitioner submits that petitioner is doing the work of building contractor in association with his father. It is submitted that so far as recovery of arms is concerned, the same has been recovered from the other accused persons. It is lastly submitted that seizure list is not prepared in accordance with law. 5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submits that petitioner has eight criminal antecedents and he does not deserve anticipatory bail.

6.

Considering the aforesaid facts and circumstances and the criminal antecedents of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. 7.

Accordingly, the prayer for anticipatory bail is rejected.

8. However, the petitioner is directed to surrender in the Court below and pray for regular bail. If, any such application is filed, the Court below shall consider and dispose of the same on its own merit without being prejudiced by this order. (Rudra Prakash Mishra, J) Rajorshi/- U T