Nikhil Kumar Barnwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33566 of 2021 Arising Out of PS. Case No.-182 Year-2020 Thana- BAKHTIYARPUR District- Patna ====================================================== Nikhil Kumar Barnwal, Son of Binit Kumar @ Vinit Kumar, Resident of Village - G.B.Road, Near Kotwali, P.S.- Kotwali, and Dist.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gajendra Kumar Singh For the Opposite Party/s :

Mr.APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bakhtiyarpur P.S. Case no.182 of 2020 instituted for the offence punishable under Sections 399, 402, 411, 412, 414, 420, 467, 468 and 479 of the Indian Penal Code and Section 25(1b)A, 26 and 35 of the Arms Act. As per allegation in the FIR, on secret information police party proceeded towards the place of occurrence. On seeing them miscreants started to fleeing away but on chase, four persons were apprehended and on search, one loaded pistol, two cartridges, several mobiles and one Scorpio vehicle has been seized. They further disclosed that two Scorpio Vehicles

Patna High Court CR. MISC. No.33566 of 2021(7) dt.03-05-2023 2/3 have been theft from Phulwaria and one Swift Dezire was stolen from Gandhi Hotel. They disclosed the name of the petitioner as one of his associates who is engaged in purchase and sale of theft vehicles.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. The name of the petitioner has been disclosed in this case by the apprehended co-accused, namely, Arvind Kumar, before the police, which has no evidentiary value in the eye of law. Neither the petitioner was arrested nor any incriminating article has been recovered from his conscious possession. Learned APP appearing for the State has opposed the prayer of bail and submitted that stolen Swift Dezire car has been recovered while it was parked in front of the house of the petitioner and the key of the alleged vehicle was recovered from the house of the petitioner. Apart from the said fact, petitioner is a habitual offender as seven cases are pending against him out of which most are of similar nature.

Having heard learned counsel for the parties and taking into consideration that petitioner is a habitual offender and the recovery of stolen vehicle has been made outside the house of the petitioner, I am not inclined to grant bail to the

Patna High Court CR. MISC. No.33566 of 2021(7) dt.03-05-2023 3/3 petitioner and, as such, his application for bail is rejected. However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) sushma/lata/- U T