Rahul Singh @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59793 of 2023 Arising Out of PS. Case No.-63 Year-2023 Thana- PIPRAKOTHI District- East Champaran ====================================================== RAHUL SINGH @ ABHISHEK KUMAR S/O BACHHA PRASAD THAKUR R/O VILLAGE- KHAJURIA, P.S- GOVINDGANJ, DISTT.- EAST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Pd. Singh, Sr. Adv Mr. Rahul Singh, Adv Mr. Roop Kishan, Adv For the Opposite Party/s :

Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

2. The petitioner apprehends his arrest in connection with Pipra Kothi P.S. Case No.63 of 2023, registered for the offence punishable under Sections 399, 402, 120(B) of the Indian Penal Code, 25(1-(1-A), 25(1-AA), 26/35 and 25(1-D) of Arms Act.

3. Allegedly, police apprehended co-accused Kunal Singh and from his possession recovered one foreign 9mm loaded gun with 10 cartridges in it. 10 cartridges of 9 mm and one mobile phone was also seized. It is alleged that the apprehended person disclosed that he along with the petitioner bought the AK-47 rifle along with 25 cartridges and six walkie-talkie.

Patna High Court CR. MISC. No.59793 of 2023(3) dt.18-12-2023 2/3

4. It is submitted by learned Senior Counsel for the petitioner that petitioner is quite innocent and have 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. Petitioner has been made accused in the present case merely because of the confessional statement of apprehended co-accused. There is no specific overt act against him. Petitioner was not apprehended on the spot and there is no recovery from the possession of the petitioner. Petitioner has seven criminal antecedent, which is mentioned in para-3 of the bail application and supplementary affidavit as well.

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

6. Having regard to the facts and circumstances of the case as well as considering the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7. This application is, accordingly, dismissed.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek

Patna High Court CR. MISC. No.59793 of 2023(3) dt.18-12-2023 3/3 for regular bail, the learned Court below shall pass the order on the same day, in accordance with law.

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