Nitesh Kumar @ Nitin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21803 of 2023 Arising Out of PS. Case No.-228 Year-2021 Thana- MOTIPUR District- Muzaffarpur ====================================================== NITESH KUMAR @ NITIN KUMAR SON OF DEV LAL BHAGAT RESIDENT OF VILLAGE- BARJI, PS- MOTIPUR, DISTTMUZAFFARPUR, BIHAR ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Preety Kunwar For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2023 Heard learned counsel for the parties.

The petitioner apprehends his arrest in a case registered for the offence under Sections 399, 400, 402, 120(B) of the I.P.C., Sections 25(1-b)a, 26, 35 of the Arms Act and Sections 20, 22 of the N.D.P.S. Act.

Petitioner has been made accused in this case on the basis of confessional statement of co-accused, who was apprehended on spot with arms and drugs.

It is submitted on behalf of petitioner that nothing has been recovered from the conscious possession of the petitioner and has been made accused in this case only on the basis of confessional statement of apprehended co-accused. However, learned counsel for the informant vehemently opposes the bail petition and submits that from the confessional statement of co-accused, who was apprehended on

Patna High Court CR. MISC. No.21803 of 2023(2) dt.06-07-2023 2/2 spot with arms & ammunition and drugs, name of petitioner transpired. Petitioner has got three criminal antecedents. Considering the same, the prayer for anticipatory bail of petitioner is rejected.

(Prabhat Kumar Singh, J) anay/- U T