Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64943 of 2019 Arising Out of PS. Case No.-93 Year-2019 Thana- PARBATTA District- Khagaria ====================================================== Chandan Kumar, Son of Sanjay Choudhary, Resident of Village - Sirajpur, P.S. - Parbatta, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Choudhary For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-10-2019 This is an application for grant of anticipatory bail in connection with Parbatta P.S. Case No. 93 of 2019, disclosing offences under Sections 399 and 402 of the Indian Penal Code and Sections 25(1-b)a, 26, 35 of the Arms Act. As per F.I.R. Police has proceeded in connection with the investigation of Parbatta P. S. Case No. 92 of 2019, on the way, he got an information that some miscreants are making preparation of dacoity. On that information, police reached near the house of one Sanjay Choudhary saw 5-6 persons fleeing away from there and one Sanjay Choudhary was arrested and from his 'Bhusa Ghar' one loaded country made pistol was recovered. Apart from that one knife was also recovered and he disclosed the name of the petitioner and others. Submission of the learned counsel for the petitioner is that petitioner was earlier made an accused in Parbatta P. S.

Patna High Court CR. MISC. No.64943 of 2019(2) dt.18-10-2019 2/2 Case No. 92 of 2019 and again the present case has been lodged with almost similar allegation, due to which, police in collusion with the villagers made the petitioner and his family members an accused in this case.

Heard learned A.P.P. also, who has opposed the prayer for anticipatory bail stating that petitioner is an accused in two other cases also.

Having heard both sides, in view of the facts and circumstances, as stated above, I am not inclined to grant privilege of anticipatory bail to the petitioner. However, the petitioner may move before the learned court below for regular bail, who will consider the above submissions made by the learned counsel for the petitioner and will pass an appropriate order, without being prejudiced by order of this Court, and if, possible dispose of on the same day.

With the aforesaid, this application is disposed of. (Vinod Kumar Sinha, J) Sunil Shukla/- U T