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Patna High CourtCR. MISC./65455/2021dismissed

Md. Phulbabu @ Phulbabu v. The State Of Bihar

2022-05-24Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65455 of 2021 Arising Out of PS. Case No.-237 Year-2020 Thana- NAANPUR District- Sitamarhi ====================================================== MD. PHULBABU @ PHULBABU Son of Md. Moti Miyan Resident of Village - Raipur, P.S. - Nanpur, District - Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Hans Lal Kumar For the Opposite Party/s :

Mr.Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-05-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 414 of the Indian Penal Code and u/s 25(1-b)a, 26 of Arms Act.

The allegation against this petitioner, based on the confessional statement of co-accused, Raj Kumar Sahni, who was caught by the police along with fire arms, is that he was also in the group which was moving in Raepur Bazar with fire arms.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has been implicated in the case on the basis of confessional statement of co-accused. No arms and ammunition has been recovered from the conscious possession of the petitioner.

Patna High Court CR. MISC. No.65455 of 2021(2) dt.24-05-2022 2/2 Learned counsel appearing for the State opposes the prayer for anticipatory bail. He submits that the petitioner has got criminal antecedent of similar nature.

Considering the criminal antecedent of the petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

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