Aniket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17845 of 2023 Arising Out of PS. Case No.-478 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== ANIKET KUMAR SON OF SUNIL KUMAR @ SUNIL KUMAR SINGH R/O VILLAGE- PIPRA DEVAS, P.S.- BARAUNI, DISTRICTBEGUSARAI ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvottam Kumar For the Opposite Party/s :

Mr.Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-05-2023 This case has been listed out of turn at the instance of the learned counsel for the petitioner through a mentioning slip on the ground that the marriage of sister of the petitioner has been fixed on 12th May, 2023. The invitation card has been annexed with the mentioning slip at Flag-B.

Heard the learned counsel for the petitioner and learned APP for the State.

This is an application for regular bail on behalf of the petitioner for the offences alleged under Sections 25(1-b)a, 26 and 35 of the Arms act, registered in connection with Barauni P.S.Case No. 478 of 2022.

As per allegation, the police got a confidential information that the petitioner, who is a person of suspicious

Patna High Court CR. MISC. No.17845 of 2023(2) dt.05-05-2023 2/3 character, had concealed arms and ammunition in his house. The house was raided. The petitioner was arrested and from his bed a country made pistol was recovered.

The learned counsel for the petitioner has submitted that the petitioner is innocent and is the victim of village politics. Nothing was recovered form his possession and he has falsely been implicated in this case. He has further submitted that there is overwriting vis-a-vis the date written on the seizure list.

On the other hand learned APP has opposed the prayer for bail.

The FIR itself shows that the raiding party party recovered a country made pistol and some live cartridges from the bed of the petitioner and he was arrested at the spot. He is also involved in two cases of serious nature, one of which is under Sections 302 and other allied Sections of the IPC and Section 27 of the Arms Act.

In my view, the petitioner does not deserve the privilege of bail, which is hereby rejected.

The Superintendent of Police, Begusarai, is directed to inquire into the matter regarding authenticity/veracity of marriage of the sister of the petitioner

Patna High Court CR. MISC. No.17845 of 2023(2) dt.05-05-2023 3/3 scheduled to be performed 12th May, 2023 and report this Court within three weeks.

Office is directed to issue a letter to the Superintendent of Police, Begusarai, annexing the xerox copy of the invitation card/wedding card, showing the marriage ceremony of the sister of the petitioner to take place on the 12th May, 2023.

List the matter after three weeks.

(Nawneet Kumar Pandey, J) HR/- U T