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Patna High CourtCR. MISC./31299/2023dismissed

Deepak Kumar @ Deepak Rai v. The State Of Bihar

2023-07-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31299 of 2023 Arising Out of PS. Case No.-86 Year-2023 Thana- KUDRA District- Kaimur (Bhabua) ====================================================== DEEPAK KUMAR @ DEEPAK RAI SON OF UMESH RAI Resident of Village- Salthua, P.S.-Kudra, District-Kaimur ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mr. Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 25(1b)a/26 of the Arms Act of the Indian Penal Code pending in the learned court below.

3. As per the prosecution case, there is allegation against the petitioner that he is involved in the selling of illegal fire arms.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is no independent person has been made witness in the present case. He submits that there is recovery of fire arms from the house of the petitioner but the said house is a joint family house. He further submits that

Patna High Court CR. MISC. No.31299 of 2023(2) dt.17-07-2023 2/2 petitioner has got one criminal antecedent as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that huge number of fire arms have been recovered from the house of the petitioner. Hence, he does not deserve anticipatory bail.

6. Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail in connection with Kudra P.S. Case No. 86/2023. Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T