Aman Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39887 of 2019 Arising Out of PS. Case No.-2 Year-2019 Thana- MATIHANI District- Begusarai ====================================================== AMAN KUMAR, S/o Late Ram Prakash Singh @ Ram Prakash, resident of Village- Ramadiri, Mahaji Dokhuti Tola, P.S.- Matihani, Dist- Begusarai. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Nityanand Kumar For the Opposite Party/s :
Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2019 Petitioner seeks bail in anticipation of his arrest in connection with Matihani P.S. Case No. 2 of 2019 registered for the offences punishable under Section 414 of the Indian Penal Code and Sections 25(1-B)(a), 26 and 35 of the Arms Act. FIR disclosed recovery of some automatic pistol and two cartridges from the possession of one co-accused and from the possession of two persons four live cartridges of 9 mm, six live cartridges of 303 bore and five live cartridges of 315 bore were recovered, who were arrested and petitioner is not named in the FIR and his name transpired in the confessional statement of co-accused, on the basis of which one stolen motorcycle was recovered from the possession of the petitioner. Apart from that, petitioner is accused in two other cases also. Submission of learned counsel for the petitioner is
Patna High Court CR. MISC. No.39887 of 2019(2) dt.28-06-2019 2/2 that though charge sheet has been submitted in this case but till date no materials has come to show that the motorcycle was stolen one.
Heard learned APP also.
In view of allegation, recovery as well as criminal antecedents, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order.
With the above observation, this application is dismissed.
(Vinod Kumar Sinha, J) spal/- U T