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Patna High CourtCR. MISC./79341/2024dismissed

Abhishek Raj v. The State Of Bihar

2025-01-17Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79341 of 2024 Arising Out of PS. Case No.-208 Year-2024 Thana- NARDIGANJ District- Nawada ====================================================== Abhishek Raj Son of Ramesh Ray Resident of Village - Faldu, P.S.- Nardiganj, District - Nawadah.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-01-2025 Heard learned counsel for the parties.

2.

The petitioner apprehends his arrest in connection with Nardiganj P.S. Case No.208 of 2024, registered for the offence punishable under Sections 121, 303(2), 338, 336(3) of the B.N.S., 2023.

3.

As per the FIR, the police team committed raid in the shop of one Ajay Kumar Gupta and recovered 03 challan and two of them were duplicate. The co-accused Ajay Kumar Gupta disclosed the name of the petitioner and other co-accused persons as his associates.

4.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. There is no specific overt act against the petitioner. Petitioner has no concern with

Patna High Court CR. MISC. No.79341 of 2024(2) dt.17-01-2025 2/2 the shop of the co-accused Ajay Kumar Gupta. Petitioner has been made accused merely on the basis of statement of apprehended co-accused. Petitioner has no criminal antecedent. 5.

Learned APP for the State opposed the prayer for anticipatory bail.

6.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, 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 prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order. (Anjani Kumar Sharan, J) devendra/- U T