Pawan Kumar @ Pawan Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67080 of 2023 Arising Out of PS. Case No.-241 Year-2022 Thana- KASIMBAZAR District- Munger ====================================================== PAWAN KUMAR @ PAWAN MANDAL S/o SURESH MANDAL R/o vill - Bara Maksuspur, P.S. - Kasim Bazar, Distt. - Munger (bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priyank Deepak For the Opposite Party/s :

Mr.Ajit Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State as well as learned counsel for the informant.

2. In this case, the petitioner is apprehending his arrest in connection with Kasim Bazar P.S. Case No. 241 of 2022, registered for the offences under Sections 25(1-b)a, 26(i)(ii), 35 of the Arms Act.

3. As per prosecution case, during investigation of a criminal case, co-accused Babul Singh was apprehended who confessed to the allegation of extortion and taking the signature of informant of other case forcibly wherein assault and firing took place. This apprehended co-accused Babul Singh disclosed that he has concealed the weapon in the cow-shed of this petitioner and subsequently recovery was made from the cowshed.

Patna High Court CR. MISC. No.67080 of 2023(3) dt.27-02-2024 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no eye witness to the present occurrence. Petitioner is named in this case merely because of the criminal antecedent. The petitioner has nineteen criminal antecedent of similar nature out of which he is on bail in sixteen such cases.

5. Learned APP vehemently opposes the prayer for bail of the petitioner and submits that most of the cases against the petitioner are under Arms Act and other sections of I.P.C. and petitioner appears to be a habitual offender.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the long criminal history of petitioner of similar nature, I do not think it is a fit case for grant of anticipatory bail to the petitioner.

7. Accordingly, the prayer for anticipatory bail of the petitioner is rejected.

(Arun Kumar Jha, J) amitkr/- U T