Shailesh Kumar @ Shailesh Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37517 of 2024 Arising Out of PS. Case No.-72 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Shailesh Kumar @ Shailesh Ram S/o Lakhan Ram R/o vill - Naya Gawn, Ray Karariya, P.S. - Harsidhi, Distt. - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sarvesh Kashyap For the Opposite Party/s :

Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-07-2024 Heard learned counsel for the parties.

2.

The petitioner apprehends his arrest in connection with Harsidhi P.S. Case No.72 of 2024, registered for the offence punishable under Sections 399, 402 of the Indian Penal Code and Section25(1-B)a/26 of the Arms Act.

3.

As per the FIR, police apprehended two persons and from one of them, one loaded katta and cartridge, two mobile phones and a master key was recovered. The apprehended persons disclosed the name of the petitioner and the allegation against him is that after seeing the police, he fled away from the spot. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No incriminating articles has been recovered from the possession of the petitioner

Patna High Court CR. MISC. No.37517 of 2024(2) dt.10-07-2024 2/2 and he has been made accused in the present case only on the basis of confessional statement of co-accused. Petitioner has one criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T