Rakesh Kumar @ Rakesh Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78574 of 2018 Arising Out of PS. Case No.-634 Year-2017 Thana- SHASTRINAGAR District- Patna ====================================================== Rakesh Kumar @ Rakesh Kumar Rai son of Ram Prasad Rai, Resdient fo Vivekanand Marg, P.S. S.K. Puri, District Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Samrendra Kumar Jha For the Opposite Party/s :

Mr.Sri Bhanu Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-01-2019 Heard the parties.

The petitioner is apprehending his arrest in connection with Shastri nagar P.S.Case no.634 of 2017 registered for offences punishable under Section 399 and 402 of the Indian Penal Code and Sections 25 (1-b)a 26, 35 of the Arms Act.. Allegation as per FIR is that the police on information of preparation of dacoity reached at the place of occurrence and arrested 03 accused persons and the petitioner succeeded in fleeing away and his name was disclosed and arms and ammunition have been recovered from the other accused persons.

Submission of the learned counsel for the petitioner is that he has no criminal antecedent and he has been falsely implicated as he was instrumental in getting the other accused

Patna High Court Cr.Misc. No.78574 of 2018(2) dt.10-01-2019 2/2 persons arrested.

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioner, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below without being prejudiced by the order of this Court and to be disposed of if possible on the same day.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T