Jai Kumar @ Jack Kejriwal @ Jack Kumar Kejriwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71997 of 2023 Arising Out of PS. Case No.-327 Year-2022 Thana- BARGAINIA District- Sitamarhi ====================================================== Jai Kumar @ Jack Kejriwal @ Jack Kumar Kejriwal S/O Sushil Kumar Kejariwal R/O Informant Of Dhandhariya School Main Road, Bairgania, P.SSitamarhi, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Bhakta For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Bairgania P.S. Case No. 327 of 2022 registered for the offences punishable under Sections 399, 402, 414 of the Indian Penal Code and Section 25(1-b)a, 26 and 35 of the Arms Act, pending in the Court of learned C.J.M., Sitamarhi.

3. As per the prosecution case, when the informant along with other police personnels were on patrolling duty, he saw five persons in talking condition to each other who were standing at Sainik road at Dhuniya Tola, and after seeing the police party, they started fleeing. On chase, three persons were apprehended and two persons succeeded to flee. On search,

Patna High Court CR. MISC. No.71997 of 2023(2) dt.28-11-2023 2/3 contraband articles were recovered from their physical possession and when the informant asked about the documents regarding the recovered articles, they have neither gave satisfactory answer nor produced any papers.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that the petitioner has falsely been implicated in this case by the police at the instant of his enemies due to ulterior motive in shape of so called statement of apprehended person. The petitioner has four criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail and submits that the petitioner is also involved in the present case. Hence, he does not deserve privilege of anticipatory bail.

6. Considering the facts and circumstances of case and the criminal antecedents of the petitioner as mentioned in para-3 of this application, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected. However, if the petitioner

Patna High Court CR. MISC. No.71997 of 2023(2) dt.28-11-2023 3/3 surrenders before the learned Court below within six weeks from today and seek regular bail, the learned Court below would pass order on the same day in accordance with law without being prejudiced by this order.

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