Gautam Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45722 of 2017 Arising Out of PS. Case No.-101 Year-2017 Thana- KAKO District- Jehanabad ====================================================== Gautam Sharma Son of Sri Mithilesh Sharma, R/o Village- Barki Bera, P.S.- Masaurhi, District- Patna.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amit Kumar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 21-09-2017 Heard Sri Amit Kumar, learned counsel for the petitioner and learned Addl. Public Prosecutor.

The sole petitioner, apprehending his arrest in Kako P.S. Case No.101 of 2017 registered for the offence under Sections 399,402,353 of the Indian Penal Code, Sections 25(1-b)A,26,35 of the Arms Act and Section 30(A) of the Bihar Prohibition and Excise Act,2016, has prayed for grant of bail , in the event of his arrest or surrender.

It was submitted by learned counsel for the petitioner that the petitioner's name has come on the basis of confession of one of the co-accused and the co-accused is a co-villager of the petitioner. He submits that the petitioner has falsely been made accused in the present case. Learned counsel for the petitioner has drawn my attention to the statement made in paragraph-3 of

Patna High Court Cr.Misc. No.45722 of 2017(2) dt.21-09-2017 2/2 the petition to show that the petitioner is having clean antecedent.

However, considering the nature of accusation, I do not find any ground for extending the privilege of anticipatory bail. The petition stands dismissed.

(Rakesh Kumar, J) nawalkrs/- U T