Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54496 of 2022 Arising Out of PS. Case No.-22 Year-2022 Thana- SULTANGANJ District- Bhagalpur ====================================================== Rahul Kumar S/O Ramchandra Ram R/O Village - Sitarampur, Ward No. 15, P.S.- Sultanganj, Dist- Bhagalpur.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shivendra Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Binod Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-12-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner undertakes to remove the defects within three weeks.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 25(1-b)a, 26 Arms Act pending in the Court of learned Additional Chief Judicial Magistrate, Bhagalpur.

Allegation against the petitioner is that petitioner is brandishing Katta on house roof of informant and threatening the people who are passing in gali.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that no any arms has recovered from

Patna High Court CR. MISC. No.54496 of 2022(2) dt.15-12-2022 2/2 conscious possession of the petitioner. The said article has been recovered from the roof of the house of the petitioner. He further submits that allegation against the petitioner is that after seeing the police, petitioner has fled away from the place of occurrence. He further submits that petitioner has no ce criminal antecedent as stated in para-3 of this application. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner are serious in nature, hence he does not deserve anticipatory bail.

Considering the facts and circumstances of the case, I am not inclined the enlarge the petitioner on bail in connection with Sultanganj P.S. Case No 22 of 2022. Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) nilmani/- U T