Kundan Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.48439 of 2017 (3) dt.13-11-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48439 of 2017 Arising Out of PS.Case No. -25 Year- 2017 Thana -NAUBATPUR District- PATNA ======================================================

1. Kundan Kumar, son of Ram Kishore Singh, resident of VillageChechaul, P.S.- Naubatpur, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sarvan Kumar For the Opposite Party/s : Mr. Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-11-2017 Heard both sides.

The petitioner apprehends his arrest in Naubatpur P.S. Case No.25 of 2017 registered under Section 392, 411 of the Indina Penal Code and 25(1-B)a, 26 and 35 of the Arms Act. The learned counsel for the petitioner submits that the name of the petitioner figured in the case only because one of the criminals named Kundan Kumar and ordered him to fire. There is no other material to show the involvement of the petitioner. The petitioner is a student and he has got no criminal antecedent but from perusal of the case diary, it appears that the informant disclosed in the F.I.R. itself that one of the criminals named another criminal as Kundan Kumar and exhorted him to fire. The police also came there and apprehended one Abhinay Kumar from

Patna High Court Cr.Misc. No.48439 of 2017 (3) dt.13-11-2017 whose possession, arms, ammunitions and looted money were recovered. Abhinay Kumar also disclosed the name of the petitioner that he along with others committed robbery from the informant and others.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T