Bipul Kumar @ Lola v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74643 of 2023 Arising Out of PS. Case No.-269 Year-2022 Thana- TEGHRHA District- Begusarai ====================================================== BIPUL KUMAR @ LOLA Son of Shyam Kunwar @ Shyam Kumar Resident of - Pidholi, P.S.- Teghra, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate For the Opposite Party/s :

Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 25(1-b)A, 26 and 35 of the Arms Act pending in the learned court below.

3. As per the prosecution case, the informant got secret information that petitioner and other co-accused persons were threatening the villagers by means of illegal arms.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no specific overt act against the petitioner. He further submits that there is no recovery from the conscious possession of the petitioner or from the house of the petitioner. He submits that

Patna High Court CR. MISC. No.74643 of 2023(2) dt.04-12-2023 2/2 the petitioner's name transpired on the confessional statement of the co-accused Prabhat Kumar. He further submits that petitioner has got four criminal antecedents out of which two are of the similar nature as stated in para-3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail application and submits that the allegation levelled as the petitioner is serious in nature. Hence, he does not deserve anticipatory bail.

6. Considering the facts and circumstances of the case and the fact the petitioner has two criminal antecedents in similar nature of the offence, I am not inclined to enlarge the petitioner on bail in connection with Teghra P.S. Case No. 269 of 2022. Accordingly, his prayer for anticipatory bail is hereby rejected.

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