Bittu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70288 of 2024 Arising Out of PS. Case No.-285 Year-2024 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Bittu Kumar son of Munarika Ray Village- Ward no 08 Chaksara, PS -Hajipur Sadar, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mritunjay Kumar For the Opposite Party/s :

Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2024 Heard learned counsels for the parties.

2.

The petitioner apprehend his arrest in connection with Hajipur Sadar P.S. Case No.285 of 2024, registered for the offence punishable under Sections 399, 402 and 412 of the Indian Penal Code, sections 25(1-b) a, 26 and 35 of Arms Act and Section 8, 20(b)(ii)(c), 29 of the NDPS Act. 3.

As per the FIR, five persons were apprehended by the police and 1.410 kg of charas, country made pistols with live cartridges were recovered from their possession. The allegation against the petitioner is that after seeing the police he fled away from the spot.

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 such occurrence, in

Patna High Court CR. MISC. No.70288 of 2024(2) dt.21-10-2024 2/2 the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. Petitioner was not apprehended on the spot and there is no recovery from the possession of the petitioner. Petitioner has one criminal antecedent. 5.

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

6.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. 7.

Accordingly, this application is dismissed.

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