Nitesh Kumar @ Mental v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50041 of 2024 Arising Out of PS. Case No.-611 Year-2023 Thana- BIDUPUR District- Vaishali ====================================================== Nitesh Kumar @ Mental Son of Meghan Singh Village- Mathura PS -Bidupur, Distt.- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 20-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bidupur P.S Case No. 611/2023 instituted for the offence punishable under Sections 399/402/414 of the Indian Penal Code and Section 25(1-b)a/26/25 of the Arms Act.
3. As per prosecution case, petitioner along with other co-accused have assembled and making plan to commit crime. Upon search, arms and ammunition were recovered on the spot.
Patna High Court CR. MISC. No.50041 of 2024(2) dt.20-07-2024 2/2
4. Learned counsel for the petitioner submits that petitioner is quite innocent and has committed no offence and he has falsely been implicated in this case.
5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner.
6. From perusal of the F.I.R., seizure list, impugned order and case diary, it appears that arms and ammunition were recovered on the spot and name of the petitioner was surfaced from the confessional statement of the co-accused. Moreover, petitioner has got four criminal antecedents and witnesses have also stated against the petitioner.
7. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, I am not inclined to grant anticipatory bail to the petitioner.
8. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.
(Ramesh Chand Malviya, J) Mayank/- U T