Patna High CourtCR. MISC./60492/2021bail rejected

Pawan Kumar Das @ Pawan Das v. The State Of Bihar

2022-06-07Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60492 of 2021 Arising Out of PS. Case No.-440 Year-2021 Thana- PURNEA SADAR District- Purnia ====================================================== PAWAN KUMAR DAS @ PAWAN DAS Son of Vivekanand Das @ Bakhri Das R/o Village- Simalgachi, Ward No. 1, P.S.- Muffasil, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Bidhu Ranjan For the Opposite Party/s: Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 07-06-2022 Heard learned counsel for the parties.

Learned counsel for the petitioner is permitted to remove defect(s), as pointed out by the office, if any, within a period of four weeks from today. The petitioner seeks anticipatory bail in connection with Sadar P.S. Case No. 440 of 2021, registered for the offences under Sections 399, 402 of the Indian Penal Code and 25 (1-b)a, 26/35 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner was not arrested at the spot and his name surfaced in the statement of co-accused persons and the alleged offences under the Arms Act are not made out against him. Learned A.P.P. opposes the prayer of bail.

Heard both sides and perused the F.I.R. of this case.

Patna High Court CR. MISC. No.60492 of 2021(2) dt.07-06-2022 2/2 As per prosecution story on getting the information that some criminals had gathered at some place, police party raided the said place and arrested some accused persons on the spot and a loaded country made pistol with live cartridge was recovered from their possession but the present petitioner escaped from the spot. The case is under investigation and the alleged offences relate to preparation of Dacoity as well as Arms Act. Considering all the above facts and circumstances, petitioner does not deserve anticipatory bail. Accordingly, the prayer for anticipatory bail stands rejected.

(Shailendra Singh, J) kamlesh/- U T