Patna High CourtCR. MISC./67406/2024dismissed

Awanish Kumar @ Chhotu Kumar @ Avnish Kumar v. The State Of Bihar

2024-10-05Mr. Justice Sandeep Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67406 of 2024 Arising Out of PS. Case No.-327 Year-2023 Thana- RIGA District- Sitamarhi ====================================================== Awanish Kumar @ Chhotu Kumar @ Avnish Kumar Son of Late Ram Lukchhan Yadav Resident Of Village- Ranjitpur, P.s.- Punaura, DistrictSitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 05-10-2024 Heard the parties.

2. The petitioner is apprehending his arrest in connection with Riga P.S. Case No. 327 of 2023, registered for the offence under Sections 399, 402, 414 of the Indian Penal Code and sections 25(1-b)a, 26, 35 of the Arms Act.

3. As per the prosecution case, some criminals were caught on the spot, some escaped. Petitioner name has come in the confessional statement of co-accused person. One country made pistol and live cartridges have been recovered.

4. Learned counsel for the petitioner submits that petitioner is innocent and has not committed any offence. Petitioner has four criminal antecedents. No incriminating article has been recovered from the possession of the petitioner.

Patna High Court CR. MISC. No.67406 of 2024(2) dt.05-10-2024 2/2

5. Learned A.P.P. has vehemently opposed the prayer for bail.

6. Considering the fact that petitioner has four antecedent, this is not a fit case for grant of anticipatory bail to the petitioner.

7. Accordingly, this application for anticipatory bail is dismissed.

8. The petitioner is directed to surrender before court below within two weeks failing which the Superintendent of Police, Sitamarhi will take all steps for arresting the petitioner.

9. Let a copy of this order be communicated to the Superintendent of Police, Sitamarhi through FAX for its forthwith compliance.

(Sandeep Kumar, J) Ranjeet/- U T