Vimlesh Kumar Singh @ Vimlesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72882 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- KALYANPUR District- Samastipur ====================================================== Vimlesh Kumar Singh @ Vimlesh Kumar S/o Nand Kishor Singh R/o Village- Ladaura, P.S.- Kalyanpur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjan Kumar, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Kalyanpur P.S Case No. 17 of 2024 instituted for the offence punishable under Sections 399, 400, 402 and 120B of the Indian Penal Code as well as Sections 25(1-B)a, 26 and 35 of the Arms Act.
3. As per the allegation in the FIR, on a secret information, a raid was conducted in which some miscreants were apprehended with illegal ganja, arms and live cartridges and the apprehended accused persons disclosed the name of this petitioner who succeeded in fleeing away from the spot.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.72882 of 2024(2) dt.18-01-2025 2/2 petitioner has falsely been implicated in this case. He next submits that petitioner is named in the FIR and he has got three criminal antecedents in the same nature of the offence as stated in para-3 of the petition. He next submits that similarly situated co-accused has been granted anticipatory bail because he has got clean antecedent, vide Cr. Misc. No. 28630 of 2024.
5. Learned APP appearing for the State has opposed the prayer for bail of the petitioner and submits that petitioner has got three criminal antecedents.
6. From perusal of the F.I.R., seizure list and impugned order dated 11.09.2024, it appears that petitioner has got three criminal antecedents, the witnesses have supported the case of the prosecution, so I am not inclined to grant anticipatory bail to the petitioner.
7. Accordingly, prayer for anticipatory bail of the petitioner is hereby rejected.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T