Patna High CourtCR. MISC./1451/2021bail rejected

Ravi Kumar @ Adarsh Kumar v. The State Of Bihar

2021-12-13Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1451 of 2021 Arising Out of PS. Case No.-124 Year-2020 Thana- SAKRA District- Muzaffarpur ====================================================== RAVI KUMAR @ ADARSH KUMAR SON OF SURENDRA PODDAR RESIDENT OF VILLAGE-VILL DHOLI BAZAR (SHAMBHUNATHPUR) P.S.-SAKRA, DISTRICT-MUZAFFARPUR.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Bhavesh Kumar, Adv.

For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 13-12-2021 Learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.

Heard learned counsel for the petitioner as well as the learned APP for the State.

The petitioner apprehends his arrest in connection with Sakra P.S. Case No. 124 of 2020 registered for the offences punishable under Sections 25(1-b) a/26/35 of the Arms Act. As per FIR, the police intercepted a motorcycle with one person namely Dharmendra Kumar and a country made pistol and cartridges were recovered from his possession. He disclosed the name of the present petitioner. Learned counsel for the petitioner has submitted that

Patna High Court CR. MISC. No.1451 of 2021(3) dt.13-12-2021 2/2 the petitioner was neither apprehended on the spot nor any incriminating article was recovered from his possession. His name is only been figured in the confessional statement of the co-accused Dharmendra Kumar who was arrested on the spot. The petitioner has disclosed his antecedent in Paragraph-3 of the petition which shows that the petitioner has also been an accused in Sakra P.S. Case No. 123 of 2020 instituted under Section 356, 379/34 of the Indian Penal Code. The investigation is still going on and further emergence of material cannot be ruled out. As such, at this stage, I do not think it proper to grant anticipatory bail to the petitioner.

Accordingly, this anticipatory bail petition is hereby rejected.

Office shall ensure that all defects are removed by the petitioner within the stipulated time provided in para-1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey , J) SONALI/- U T