Arun Kumar @ Arun Chaudhary @ Arun Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4831 of 2023 Arising Out of PS. Case No.-193 Year-2016 Thana- MANIYARI District- Muzaffarpur ====================================================== ARUN KUMAR @ ARUN CHAUDHARY @ ARUN KUMAR CHAUDHARY Son of Late Bltu Chaudhary R/V- Khutahin (Jafarpur) P.SParoo, Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 17-05-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Maniyari Police Station Case No. 193 of 2016, dated 13.10.2016, disclosing offences under Sections 399/402/414/ 120-B of the Indian Penal Code., Sections 25 (1b)a/26(1)/35/25(1-A)/25 (1-AA) of the Arms Act and Sections 20/822 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

The prosecution case, as per the First Information Report, is that the police, on the basis of information that some miscreants have assembled in a line hotel at N.H. 28 and are

Patna High Court CR. MISC. No.4831 of 2023(2) dt.17-05-2023 2/3 indulged in loot and dacoity of truck by intoxicating the truck driver, proceeded towards the place of occurrence and upon seeing the police party, the accused persons started fleeing away, however, five of them were arrested and the arrested accused persons disclosed the names of their associates, as the petitioner and one Ranjeet Rai.

Learned Counsel for the petitioner submits that the name of the petitioner has transpired on the basis of the disclosure made by the arrested co-accused persons and no incriminating material has been recovered from the possession of the petitioner. He further submits that from the possession of the arrested co-accused persons, country-made pistol, live cartridges, intoxicating medicines and injunctions, mobile phones and motorcycles have been recovered.

Regards being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that from the possession of the arrested co-accused persons, who disclosed the name of the petitioner, objectionable articles, such as country-made pistol, live cartridges, intoxicating medicines and injunctions, has been recovered, I am not inclined to grant the petitioner privilege of anticipatory bail.

Patna High Court CR. MISC. No.4831 of 2023(2) dt.17-05-2023 3/3 This application is, accordingly, dismissed.

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