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Patna High CourtCR. MISC./11943/2021dismissed

Raj Kumar Yadav v. The State Of Bihar

2021-12-14Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11943 of 2021 Arising Out of PS. Case No.-46 Year-2020 Thana- BAHERI District- Darbhanga ====================================================== RAJ KUMAR YADAV SON OF MAHENDRA YADAV RESIDENT OF VILLAGE- SIMRAHA, P.S- TILKESHWAR (KUSHESHWARASTHAN), DISTRICT- DARBHANGA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Singh For the Opposite Party/s :

Mrs. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 14-12-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of four weeks.

The petitioner apprehends his arrest in Baheri P.S. Case No. 46 of 2020 registered for the offences punishable under Sections 399 & 402 of the Indian Penal Code and Section 25 (1-b)a/26/35 of the Arms Act pending in the Court of learned Additional Chief Judicial Magistrate-II, Darbhanga. The allegation against the petitioner is that he works as liner and arms supplier for anti social elements. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.11943 of 2021(2) dt.14-12-2021 2/2 that no such occurrence as alleged ever took place. He is not named in the F.I.R. rather he is made accused in this case on the confessional statement of co-accused. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner has two criminal antecedents.

Learned APP for the State vehemently opposing the bail petition submitted that the petitioner works as a liner and has two criminal antecedents, hence he does not deserve anticipatory bail.

Considering the facts and circumstances of case and particularly considering the criminal antecedents, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. (Anjani Kumar Sharan, J) Trivedi/- U T