Prashant Kumar @ Chotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23059 of 2019 Arising Out of PS. Case No.-162 Year-2018 Thana- RUPASPUR District- Patna ====================================================== PRASHANT KUMAR @ CHOTU KUMAR Son of Lal Bahadur Singh Resident of Village - Parwezbad, Dudhola, P.S- Sonpur, Distt.- Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewendra Narayan Singh For the Opposite Party/s :

Mr. Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 17-07-2019 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Special Case No. 40-A of 2018 arising out of Rupaspur P.S. Case No. 162 of 2018 registered under Sections 395, 397, 412 of the I.P.C. and section 22 of the NDPS Act and section 25(1b)A, 26, 35 of the Arms Act pending in the Court of Sessions Judge/Special Judge, Patna.

Submission is that petitioner is quite innocent and has falsely been implicated in the present case. Further submission is that nothing has been recovered from the possession of this petitioner.

Learned A.P.P. appearing on behalf of the State

Patna High Court CR. MISC. No.23059 of 2019(2) dt.17-07-2019 2/2 opposed the prayer of the petitioner by contending that petitioner has criminal antecedent. In course of investigation, it appears that there is direct allegation of dacoity and selling and purchasing of smack against the petitioner. Hence, he does not deserve privilege of anticipatory bail.

Having considered the facts and circumstances of the case and nature of the allegation, I am not inclined to allow the prayer of the petitioner for anticipatory bail. Accordingly, prayer of the petitioner is rejected.

(Arvind Srivastava, J) shailendra/- U T