Vinay Kushwaha @ Vinay Kumar Kushwaha @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70976 of 2024 Arising Out of PS. Case No.-93 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== Vinay Kushwaha @ Vinay Kumar Kushwaha @ Bittu Son of Late Kishor Prasad @ Kishori Prasad Kushwaha Resident of Bodha ward No.-11, P.S.- Ramgarhwa, District- East Chamapran, Motihari ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad For the Opposite Party/s :

Mr.Dilip Kumar No.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-10-2024 Heard Mr. Raghav Prasad, learned counsel for the petitioner as well as Mr. Dilip Kumar No.1, learned APP for the State.

2.

The petitioner apprehends his arrest in connection with Ramgarhwa P.S. Case No.93 of 2024, registered for the offence punishable under Sections 25(1-b)a, 26, 35 of the Arms Act. 3.

As per the FIR, on the basis of a secret information, the informant along with other police officials police arrested one Bablu Kumar and from his possession one country made katta and 50 cartridges were recovered. The arrested co-accused namely, Bablu Kumar disclosed the name of the petitioner as his associate.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He

Patna High Court CR. MISC. No.70976 of 2024(2) dt.22-10-2024 2/2 has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Petitioner was not apprehended on the spot and there is no recovery from his conscious possession. Petitioner has three criminal antecedent.

5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as well as considering the criminal history of the petitioner and the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

Accordingly, this application is dismissed.

(Anjani Kumar Sharan, J) shikha/- U T