Shiv Nandan Baitha @ Shiv Nandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51155 of 2024 Arising Out of PS. Case No.-3 Year-2024 Thana- KANHAULI District- Sitamarhi ====================================================== SHIV NANDAN BAITHA @ SHIV NANDAN KUMAR, age about 45 years (M), S/O RAKTU BAITHA @ RAVINDRA BAITHA @ RAVINDRA RAJAK R/O VILLAGE- RAMNAGRA, P.S- KANHAULI, DISTT.- SITAMARHI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar, Advocate For the Opposite Party/s :
Mr.Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 21-08-2024 Heard Mr. Sanjay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Lalan Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Kanhauli P.S. Case No. 03/2024 registered for the offence(s) punishable under Sections 399, 402 of the Indian Penal Code and Section 25(1-b) a, 26/35 of the Arms Act.
3. As per the allegation made in the FIR, the accused persons named therein including the petitioner were planning for commission of dacoity and after seeing the police party, the miscreants tried to flee away, however, on chase, one of the miscreants was apprehended and who disclosed the name of the petitioner and other co-accused persons.
Patna High Court CR. MISC. No.51155 of 2024(2) dt.21-08-2024 2/2
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and has falsely been implicated in the present case.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail and submitted that petitioner has criminal antecedents of eleven cases and, as such, the petitioner don't deserve to be released on bail.
6. Considering the nature of allegation alleged against the petitioner, as well as, the criminal history of the petitioner, I am not inclined to grant pre-arrest bail to the petitioner. Accordingly, the present bail application stands dismissed.
(Purnendu Singh, J) Sanjay/- U T