Karan Sinha @ Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24824 of 2024 Arising Out of PS. Case No.-1101 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Karan Sinha @ Abhishek Kumar son of Shyam Kishor Srivastava Resident of Shivdham Colony, PS - Madhubani O.P, dist- Purnea ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raj Kumar, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 15-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in a case registered for an offence punishable under Sections 399, 402, 379, 411, 413, 467, 468, 471 and 420 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.
3. As per allegation in the FIR, informant received a secret information that some suspected outsider are living within the premises of poultry form and they have organized gang for committing theft. Thereafter, the informant and special team constituted by superior officers, surrounded the poultry form of the petitioner and some of them were apprehended and during course of search, petitioner flee away from the place of
Patna High Court CR. MISC. No.24824 of 2024(3) dt.15-07-2024 2/3 occurrence.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and no incriminating article has been recovered from the place of occurrence. Petitioner has got clean antecedent.
5. Learned APP for the State opposes the prayer for anticipatory bail of the petitioner and submits that chargesheet against the petitioner and other accused persons have been submitted and presently, this case is pending before the court of learned CJM, Purnia.
6. On perusal of the first information report, case diary and impugned order dated 17.02.2024, it appears that petitioner is named in the FIR and several miscreants were apprehended with arms and ammunition, mobile with SIM and looted motorcycles were recovered from the alleged place of occurrence which belongs to this petitioner and the evidence collected during investigation, it appears that this petitioner helped local miscreants in operating a gang for committing crimes, so considering all aspects of the matter and there is direct allegation against this petitioner being the landlord of the alleged place of occurrence and helping local miscreants for committing crime in the locality, I am not inclined to grant
Patna High Court CR. MISC. No.24824 of 2024(3) dt.15-07-2024 3/3 anticipatory bail to the petitioner.
7. Prayer for anticipatory bail to the petitioner is hereby rejected at this stage.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T