Saheb Patel @Saheb Kumar @ Saheb Kumar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37408 of 2024 Arising Out of PS. Case No.-588 Year-2023 Thana- HARSIDHI District- East Champaran ====================================================== Saheb Patel @Saheb Kumar @ Saheb Kumar Patel SON OF SURAJ PATEL @ SURYA PRASAD VILLAGE- DHWAHI, DHOBITOLA, PS- HARSIDHI, DIST- EAST CHAMPARAN ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pravin Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 02-08-2024 Heard the parties.
2. The petitioner is apprehending his arrest in connection with Harsidhi P.S. Case No. 588 of 2023 for the offence punishable under Sections 399 and 402 of the Indian Penal Code and 25(1-b)a, 26/35 of the Arms Act, lodged on 05.10.2023, by the informant, Raviranjan Kumar.
3. As per the prosecution story, on information, accused persons had assembled to commit loot, they were apprehended and from the possession of one Irshad Alam, a country-made loaded pistol recovered/seized. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that only because of criminal antecedent, he has been implicated and
Patna High Court CR. MISC. No.37408 of 2024(2) dt.02-08-2024 2/2 there is no recovery from his conscious possession. The further submission is that the other co-accused has been granted bail.
5. Learned APP, Mr. Bharat Bhushan opposes the prayer submitting that his name has come in the confessional statement of Sandeep Kumar and further the petitioner has got criminal antecedent. It is his further submission that so far as the other accused persons are concerned, they were granted bail and not anticipatory bail.
6. Taking into account the aforesaid facts as also that the petitioner have criminal antecedent, It would be appropriate that he seeks bail.
7. The anticipatory bail application stands rejected. (Rajiv Roy, J) Adnan/- U T