Rajesh Kumar @ Rajesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60196 of 2023 Arising Out of PS. Case No.-564 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== RAJESH KUMAR @ RAJESH SINGH S/O LATE RAMADHAR SINGH R/O VILLAGE- LAKHO, P.S- LAKHO, DISTT.- BEGUSARAI. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Yogesh Kumar, Adv.

For the Opposite Party/s :

Mrs.Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-10-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2.

Petitioner apprehends his arrest in connection with Begusarai Muffasil P.S. Case No.564 of 2022, registered for the offence punishable u/s 25(1-B), A, 26, 35 of the Arms Act. 3.

As per the prosecution case, from the house of the petitioner one country made pistol, 2 magazine, 8 live cartridges, one passbook and school I-card was recovered. 4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No incriminating article has been recovered from the conscious physical possession of the petitioner. Though the recovery has been made from the

Patna High Court CR. MISC. No.60196 of 2023(2) dt.13-10-2023 2/2 house of the petitioner but the petitioner was not residing in the said house and the arms were planted by some miscreant. There is no compliance of section 100 of Cr.P.C. He has three criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case and 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.

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