Ratan Sahni @ Ratan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36527 of 2023 Arising Out of PS. Case No.-541 Year-2022 Thana- KANTI District- Muzaffarpur ====================================================== RATAN SAHNI @ RATAN KUMAR S/O PAPPU SAHNI R/O Vill. Kamalpura, PS. Paroo, Dist. Muzaffarpur, Bihar ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Preety Kunwar, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 31-07-2023 Heard learned counsel for the petitioner and the State.

2. Petitioner apprehends arrest in a case registered for the offence punishable under sections 399/400 and other ancillary sections of the Indian Penal Code and sections 25(1-B) (a), 26 and 35 of the Arms Act .

3. Petitioner has been made accused in this case on the basis of confessional statement of co-accused who was apprehended on the spot with loaded country made pistol.

4. Learned counsel appearing for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. No incriminating article has been recovered from the conscious possession of the petitioner. Coaccused, with similar allegation, has already been allowed pre-

Patna High Court CR. MISC. No.36527 of 2023(2) dt.31-07-2023 2/2 arrest bail by this Court vide order passed in Cr.Mis.No. 17775 of 2023.

5. Learned counsel for the State opposes the prayer for bail. He submits that petitioner's case is distinguishable from the aforesaid co-accused. Petitioner has got criminal antecedent of similar nature, whereas said co-accused has got no criminal antecedent.

6. Considering the criminal antecedent of the petitioner of similar nature, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) shashi/- U T