Anish Kumar @ Avinash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2971 of 2021 Arising Out of PS. Case No.-67 Year-2020 Thana- KARTAHA District- Vaishali ====================================================== Anish Kumar @ Avinash Kumar Son Of Devnath Rai Resident Of VillageEtwarpur Sisaula, Police Station- Lalganj, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ansul, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-12-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual mode.

Counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioner is apprehending his arrest in connection with Kartaha P.S. case No.67 of 2020 registered under Sections 399, 402, 413, 414 of the Indian Penal Code and Sections 25(1b)a, 26, 35 of the Arms Act, pending in the court of C.J.M., Vaishali at Hajipur.

Allegation is that two loaded country made pistols and two live cartridges and one motorcycle are recovered. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no

Patna High Court CR. MISC. No.2971 of 2021(2) dt.17-12-2021 2/2 allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. No arms and ammunition is said to have been recovered from the possession of the petitioner. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. and the stolen motorcycle is said to have been recovered from the house of this petitioner. Considering the recovery of stolen motorcycle from the house of the petitioner, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected. If the petitioner surrenders before the court below and prays for regular bail, same shall be considered on its own merit without being prejudiced by this order.

(Sudhir Singh, J) Narendra/- U T