Patna High CourtCR. MISC./66063/2024rejected

Gautam Choudhary v. The State Of Bihar

2025-02-07Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66063 of 2024 Arising Out of PS. Case No.-206 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== Gautam Choudhary Son of Vijay Choudhary R/o Village- Kachor, P.S.- Kanhauli, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Virendra Kumar, Advocate For the Opposite Party/s :

Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 07-02-2025 Heard learned counsel for the petitioner and learned APP for the State

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Section 394 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, it is a case of looting a bag containing Rs.51,000/-, one mobile and one of the miscreants fired with pistol.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the informant habitually lodged false cases against this petitioner due to ulterior motive like, Bathnaha P.S. Case No. 181 of 2021 for an offence under Section 392 of the IPC

Patna High Court CR. MISC. No.66063 of 2024(5) dt.07-02-2025 2/2 was also lodged against this petitioner as stated in para-10 of the petition. He next submits that petitioner has got ten criminal antecedents, like murder case as well as Arms Act.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the petitioner has got ten criminal antecedents.

6. On perusal of the first information report and impugned order dated 31.07.2024, it appears that petitioner has got ten criminal antecedents, one of the criminal antecedents is murder case, so I am not inclined to grant anticipatory bail to the petitioner.

Prayer for anticipatory bail to the petitioner is hereby rejected.

(Ramesh Chand Malviya, J) Brajesh Kumar/- U T