Patna High CourtCR. MISC./45734/2018dismissed

Anil Kumar v. The State Of Bihar

2018-08-08Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45734 of 2018 ======================================================

1. Anil Kumar, S/o Kamleshwar Singh, Resident of Village- Garjaul, P.S.- Mahua, District- Vaishali.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar For the Opposite Party/s : Mr. Sri Bharat Lal ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-08-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Bhagwanpur P.S.Case no.241 of 2017 registered for offences punishable under Sections 25(1-b)26-35 of the Arms Act. Allegation against the petitioner as per FIR is that while the petitioner was going on his motorcycle, three persons came on the motorcycle, intercepted his motorcycle, put pistol on his head and snatched his motorcycle, however, on hulla, the villagers assembled there and one of the co-accused persons was caught, who disclosed his name and also disclosed the name of the other accused persons including the petitioner and further it appears that the petitioner has criminal antecedent also.

Submission of the learned counsel for the petitioner is that except the disclosure made by the accused, there is nothing against

Patna High Court Cr.Misc. No.45734 of 2018 (2) dt.08-08-2018 2/2 the petitioner and the motorcycle was also not of the petitioner. Heard learned A.P.P. also.

Having heard both sides and in view of allegation as well as criminal antecedent, I am not inclined to grant anticipatory bail to the petitioner rather let the petitioner surrender before the learned court below within a period of four weeks from the date of receipt of the order and make prayer for regular bail, which will be considered by the learned court below on its own merit. With the aforesaid direction, this application is dismissed. (Vinod Kumar Sinha, J) chn/- U T