Jainendra Kumar @ Rohit Kumar @ Jalendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74558 of 2023 Arising Out of PS. Case No.-277 Year-2022 Thana- HILSA District- Nalanda ====================================================== JAINENDRA KUMAR @ ROHIT KUMAR @ JALENDRA KUMAR S/O ARJUN PRASAD VILLAGE- RANIBAG, PS. HILSA, DIST. NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-12-2023 Heard the parties.

2. The petitioner apprehend his arrest in connection with Hilsa P.S. Case No.277 of 2022, registered for the offence punishable under Sections 25(1-B)A, 26, 35 of Arms Act.

3. Allegedly, police conducted raid in the house of coaccused Manoj Kumar and apprehended two persons and seized arms, mobile phone, live cartridge and other articles. The apprehended persons disclosed the name of the petitioner.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He 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. He further submits that the name of the

Patna High Court CR. MISC. No.74558 of 2023(2) dt.01-12-2023 2/2 petitioner transpired in the present case only on the basis of confessional statement of apprehended co-accused. There is no specific overt act against the petitioner. Petitioner has one criminal antecedent.

5. Learned APP for the State opposed the prayer for anticipatory bail by submitting that the petitioner is also involved in the present case and he has also a criminal antecedent of similar nature of offence.

6. Having regard to the facts and circumstances of the case as well as considering the nature of allegation, 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.

8. However, if the petitioner surrenders before the learned Court below within a period of six weeks from today and seek for regular bail, the learned Court below shall pass the order on the same day, in accordance with law.

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