Devanshu Kumar @ Chhotu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45852 of 2022 Arising Out of PS. Case No.-283 Year-2020 Thana- RANIYATALAB District- Patna ====================================================== DEVANSHU KUMAR @ CHHOTU SON OF KRISHNADHAR SINGH R/O VILLAGE- KAB, P.S.- RANITALAB IN THE DISTRICT OF PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar For the Opposite Party/s :

Mr. Madan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2022 Heard the parties.

Learned counsel for the petitioner is directed to remove the defects within four weeks.

The petitioner apprehends his arrest in a case registered in connection with Ranitalab P.S. Case No.283 of 2020, for the offence punishable under Sections 399 and 402 of the Indian Penal Code and section 25(1-b)a/26/35 of Arms Act. Allegedly, three persons with an intention to commit crime, were arrested by the police in a mango orchard near BSNL tower of village- Kab. The police personnel recovered arms, live cartridges, mobile phones from the apprehended persons. They disclosed the name of the petitioner and other accused persons.

It is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.45852 of 2022(2) dt.01-12-2022 2/2 petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. There is no specific allegation against the petitioner. The petitioner is the member of mob. His name transpired in the present case only on the basis of confessional statement of apprehended persons. He further submits that on the alleged date of occurrence the petitioner was in bus and travelling to Lucknow to Patna. Petitioner has one criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, since the police has recovered arms from the apprehended persons, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

This application is accordingly dismissed.

(Anjani Kumar Sharan, J) shikha/- U T