Prashant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66729 of 2018 Arising Out of PS. Case No.-116 Year-2018 Thana- SARE District- Nalanda ====================================================== Prashant Kumar Son of Manoj Kumar Sinha, Resident of Village- Benar, P.S.- Sare, District- Nalanda.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Anil Kumar No.1, Advocate.

For the Opposite Party:

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 15-02-2019 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 25(1-b) a/27 of the Arms Act registered in connection with Sare P.S. Case No. 116 of 2018.

3. It is submitted that the petitioner has been falsely implicated and as a matter of fact the petitioner himself had earlier instituted Sare P.S. Case No. 21 of 2018 in which he alleged that some miscreants had come and threatened him with pistol which he snatched and submitted before the police. Subsequently however on the S.D.P.O's note, the present F.I.R. has been instituted under the Arms Act against the petitioner as well.

4. It appears that the petitioner has been made accused in two prior cases namely Sare P.S. Case No. 87 of 2018

Patna High Court Cr.Misc. No.66729 of 2018(4) dt.15-02-2019 2/2 and Sare P.S. Case No. 113 of 2018 which were however not stated in paragraph-3 of the petition, as noted in the order dated 21.01.2019.

5. The petitioner has thereafter filed supplementary affidavit narrating the circumstances in which the aforesaid two cases were not stated by way of criminal antecedents.

6. Considering that the petitioner failed to correctly state his criminal antecedents in the main bail petition, this Court is not inclined to grant the privilege of anticipatory bail to the petitioner. The anticipatory bail petition stands dismissed. It is made clear that if the petitioner surrenders and seeks for regular bail before the Court below, the same shall be considered and disposed of expeditiously on its own merits.

(Vikash Jain, J) Ibrar//- U T