Dilip Kumar @ Dilip Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24133 of 2023 Arising Out of PS. Case No.-7 Year-2021 Thana- KARJA District- Muzaffarpur ====================================================== Dilip Kumar @ Dilip Ray S/O Rama Ray Resident Of Village- Bagahi, P.S.- Karja, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in Karja P.S. Case No. 07 of 2021 registered for the offences punishable under Section 392 of the Indian Penal Code and Section 27 of the Arms Act pending in the Court of learned J.M. 1st Class, (West) Muzaffarpur.

As per the prosecution case, three unknown persons stopped the informant and fired upon him and snatched a bag from the informant, in which, he has kept Rs. 12,857/- cash and mobile phones.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not

Patna High Court CR. MISC. No.24133 of 2023(2) dt.06-07-2023 2/2 specific rather general and omnibus in nature. He submits that the petitioner is not named in the FIR. On the basis of confessional statement of the co-accused Ajay Kumar Rai the petitioner is made accused in the present case. The petitioner has two criminal antecedents as mentioned in para-3 of the bail application.

Learned APP for the State opposes the prayer for anticipatory bail. He relied upon the judgment of Indresh Kumar Vs. State of UP and Anr. passed in Cr. Appeal No. 938 of 2022.

Considering the facts and circumstances of case and the judgment of Indresh Kumar (supra), I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. (Anjani Kumar Sharan, J) anand/- U T