Raj Kumar @ Raj Kapur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67326 of 2024 Arising Out of PS. Case No.-115 Year-2023 Thana- AGIAON District- Bhojpur ====================================================== Raj Kumar @ Raj Kapur Son of Late Kashi Nath Mahto Resident of VillKamariya, P.S.- Azimabad, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

Petitioner is apprehending his arrest in connection with Agiaon P.S. Case No.115 of 2023, registered for the offence punishable u/s 414 of the IPC, 1860 and Sections 25(1-b), 26, 35 of Arms Act, 1959.

3.

Allegedly, police has arrested some co-accused persons along with country made pistols, a 315 bore live cartridge and mobile phones, who disclosed the name of the petitioner that the petitioner is involved in the present case.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case. No incriminating article has been recovered from the conscious physical

Patna High Court CR. MISC. No.67326 of 2024(2) dt.02-12-2024 2/2 possession of the petitioner. He was not apprehended on the spot. His name transpired on the basis of confessional statement made by the apprehended co-accused persons. It is further submitted that police has also raided the house of the petitioner earlier, but no arms were recovered from there. Petitioner has three criminal antecedent of similar nature of offence as mentioned in para 3 of the bail application.

5.

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

Considering the aforesaid facts and circumstances and considering the criminal antecedents of the petitioner, 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) priyanka/- U T