Patna High CourtCR. MISC./55914/2024bail rejected

Rishikesh Giri v. The State Of Bihar

2024-09-20Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55914 of 2024 Arising Out of PS. Case No.-228 Year-2020 Thana- CHENARI District- Rohtas ====================================================== Rishikesh Giri S/O Vijay Giri R/O Village- Tekari, P.S- Chenari, Distt.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhaskar Shankar, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2024 Heard learned counsel for the petitioner and learned counsel for the State.

2. The petitioner apprehends his arrest in connection with Chenari P.S. Case No. 228/2020 registered under Sections 399/402 of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act.

3. As per prosecution case, on a secret information that some miscreants have assembled to commit robbery, a raid was conducted, one loaded country-made pistol was recovered from co-accused Lal Babu Chaudhari and one live cartridge was recovered from co-accused Vicky Kumar. On interrogation they disclosed the name of this petitioner, who fled away from the place of occurrence.

4. Submission of learned counsel for the petitioner

Patna High Court CR. MISC. No.55914 of 2024(2) dt.20-09-2024 2/2 petitioner is innocent and has falsely been implicated in the present case merely on the confessional statement of apprehended co-accused persons. Allegation is general and omnibus. No incriminating article has been recovered from the conscious possession of this petitioner.

5. Learned A.P.P. appearing on behalf of the State opposed the prayer for bail by contending that petitioner is named in the FIR and he has got 6 criminal antecedents of similar nature. Hence, he does not deserve to be enlarged on anticipatory bail.

6. Having considered the nature of accusation and the long criminal history of the petitioner, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, prayer for bail of the petitioner is rejected.

(Prabhat Kumar Singh, J) utkarsh/- U T