Chhotu Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65198 of 2019 Arising Out of PS. Case No.-309 Year-2019 Thana- BIHIA District- Bhojpur ====================================================== CHHOTU THAKUR Son of Chandra Shekhar Thakur Resident of VillageSaheb Tola Bihiya, P.O and P.S.-Bihiya, District-Bhojpur. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar For the Opposite Party/s :

Ms.Pushpa Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-11-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Bihiya Police Station Case No. 309 of 2019, disclosing offences under Sections 25 (1-b)/26/35 of the Arms Act. The prosecution story, as per the First Information Report, is that the police, upon secret information that 3-4 persons are moving near village Dhus Musahari with intention to commit crime, proceeded towards the place of occurrence and upon seeing the police, 3-4 persons started fleeing away and upon chase, the police apprehended the accused persons, but one person succeeded in fleeing away. Upon query, the apprehended persons disclosed the name of the petitioner as the person who fled away from the place of occurrence. The police

Patna High Court CR. MISC. No.65198 of 2019(3) dt.05-11-2019 2/2 recovered one country-made pistol with one live cartridge from the possession of co-accused.

Learned Counsel for the petitioner submits that the petitioner is innocent and has not committed any offence in the manner alleged. He further submits that no recovery of illegal weapon has been made from the petitioner and, thus, the petitioner deserves privilege of anticipatory bail. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has criminal antecedent inasmuch as more than five criminal cases are pending against him and the investigation, in the present case, is at very initial stage, I am not inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √