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Patna High CourtCR. MISC./59060/2022dismissed

Shrawan Kumar v. The State Of Bihar

2023-01-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59060 of 2022 Arising Out of PS. Case No.-69 Year-2022 Thana- DEO District- Aurangabad ====================================================== SHRAWAN KUMAR SON OF LATE YUGAL YADAV R/O VILLAGELUKA, P.S.- PAUTHU, DISTRICT- AURANGABAD (BIHAR) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjit Kumar For the Opposite Party/s :

Mr.Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 25(1-b)a, 26 and 35 of the Arms Act.

Police is said to have recovered a thernet from the husk house of the petitioner.

Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that petitioner is made accused on the basis of the confessional statement of the co-accused who is enemy of the petitioner. He submits that the house of the petitioner is joint occupant of his family, so the petitioner above could not responsible for the same. He further submits that petitioner has

Patna High Court CR. MISC. No.59060 of 2022(2) dt.03-01-2023 2/2 no 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 and the fact that the said recovery is made from the house of the petitioner, I am not inclined the enlarge the petitioner on bail in connection with Deo P.S. Case No.69/2022. Accordingly, his prayer for anticipatory bail is hereby rejected. (Anjani Kumar Sharan, J) ajay/- U T