Patna High CourtCR. MISC./35298/2024bail rejected

Vishal Kumar Singh v. The State Of Bihar

2024-06-04Mr. Justice Rajeev Ranjan Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35298 of 2024 Arising Out of PS. Case No.-43 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== Vishal Kumar Singh S/o Vijay Singh @ Vijaypal Singh R/o vill - Chikani, P.S. - Raxaul, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajkumar Rajesh, Advocate For the informant :

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

Mr. Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 04-06-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner in the present case is seeking pre-arrest bail in connection with Raxaul (Haraiya O.P.) P.S. Case No. 43 of 2024 registered for the offences punishable under Sections 25(10-b)a/26/27 and 35 of the Arms Act. He has got no criminal antecedent.

3. As per the prosecution story, allegedly two country made pistol and four live cartridges have been recovered from the house of the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that there is no recovery of any

Patna High Court CR. MISC. No.35298 of 2024(2) dt.04-06-2024 2/2 fire-arm from the conscious possession of the petitioner. It is submitted that he has got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the materials available on the record showing that at the instance of the co-accused when the house of the petitioner was raided, from his room, two country made pistol and four live cartridges were recovered, this Court is not inclined to grant privilege of anticipatory bail to the petitioner. Prayer is refused.

7. In case, the petitioner surrenders and prays for regular bail in the Court below within a period of four weeks from today, his prayer for regular bail shall be considered on its own merit without being prejudiced by this order.

8. This application stands dismissed.

(Rajeev Ranjan Prasad, J) guddu/arvindU T