Kunal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68721 of 2024 Arising Out of PS. Case No.-709 Year-2023 Thana- MANER District- Patna ====================================================== Kunal Kumar Son of Binod Rai Resident of Village- Dost Nagar, Lalbenga, P.S.- Maner, Distt.- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Ms. Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-01-2025 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends arrest in connection with Maner P.S. Case No.709 of 2023 registered for the offence under Sections 147, 148, 149, 447, 307, 387, 379, 504, 506 and 120B of the Indian Penal Code and Sections 25(1B), 26, 35 and 27 of the Arms Act. 3.

The allegation against the petitioner along with other co-accused persons is to mining sand at Suarmarwa Sone Ghat and also firing indiscriminately, where, there was recovery of country made firearms and cartridges from them. 4.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated

Patna High Court CR. MISC. No.68721 of 2024(2) dt.17-01-2025 2/2 in the present case. It is submitted that the name of the petitioner surfaced in the present case on the basis of disclosure made by other apprehended co-accused person. It is submitted that no specific allegation has bee made against this petitioner and nothing has been recovered from conscious physical possession of this petitioner. It is submitted that similarly situated coaccused person has already been granted bail by this Court through Cr. Misc. No.63436 of 2024 on 17.01.2025. 5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner. 6.

In view of the submissions, as made above and nature of allegation, as there is specific allegation against this petitioner as regard to alleged offence, as this petitioner is also involved in one another case, where, similarly situated coaccused who has granted privilege of anticipatory bail, has no criminal antecedent, this Court is not inclined to grant bail to the petitioner, at present.

7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

(Ramesh Chand Malviya, J) S.Katyayan/- U T