Raushan Kumar @ Raushan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38865 of 2022 Arising Out of PS. Case No.-27 Year-2021 Thana- DESARI District- Vaishali ====================================================== Raushan Kumar @ Raushan Rai Son Of Sudhir Ray @ Sudhir Kumar Resident Of Village - Madhaul, P.S.- Desari (Chandpura O.P.), District - Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Surendra Kishore Thakur For the Opposite Party/s :

Mr.Bal Mukund Prasad Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-12-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Desari P.S. Case no. 27 of 2021 instituted for the offence punishable under Sections 399, 402, 414/34 of the Indian Penal Code and Sections 25(1-b)A, 26 & 35 of the Arms Act. Prosecution case is that when the informant with police party reached at the house of co-accused namely, Ramswarup Rai, they saw some persons tried to flee away but after that two persons were apprehended on the spot who disclosed the name of the petitioner. It is further submitted that some country made pistols with live cartridges and a car bearing Registration No. WB06F-8658 were recovered from there.

Patna High Court CR. MISC. No.38865 of 2022(2) dt.07-12-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is further submitted that the name of the petitioner has been disclosed in this case on the confession made by co-accused persons who were apprehended on spot.

Learned APP appearing for the State has opposed the prayer of bail and submitted that the petitioner has got total six criminal antecedents.

Having heard learned counsel for the parties and taking into consideration that petitioner has several antecedents, I am not inclined to grant bail to the petitioner and, as such, his prayer for bail is rejected.

This application stands disposed off.

However, if the petitioner surrenders and prays for regular bail, the same may be considered by the court below on its own merit without being prejudiced by this order of rejection.

(Sunil Kumar Panwar, J) nirajkrs/- U T