Balle @ Md. Balle @ Md. Suhel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80705 of 2024 Arising Out of PS. Case No.-146 Year-2024 Thana- VISHNUPAD District- Gaya ====================================================== Balle @ Md. Balle @ Md. Suhel Son of Late Md. Imteyaz Resident of Village- Koeri Bari, Khajanchi Gali, Nadraganj, P.S. - Civil Lines, DistrictGaya, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Kumar Singh, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-02-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest in connection with Vishnupad P.S. Case No. 146 of 2024, registered for the offences punishable under Sections 341, 307 and 34 of the Indian Penal Code and Sections 25(1-B)a/26/27/35 of the Arms Act.
3. As per allegation, 3-4 accused persons after firing at the police personnel began to flee away. Pistol carried by one of the miscreants fell down on the ground and two miscreants were arrested at this point. A country made pistol of 7.65 mm was also recovered.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.80705 of 2024(3) dt.24-02-2025 2/2 petitioner is innocent and has been falsely implicated in this case. He was not arrested at the spot and nothing was recovered from his possession.
5. On the other hand, Mr. Shailendra Kumar, learned Additional Public Prosecutor opposed the prayer for bail and submitted that the confessional statement of two co-accused persons, namely, Raja @ Badka @ Raju Alam and Md. Babu @ Magaj @ Md. Saddam was recorded in which they have stated that co-accused, Raja was arrested and his pistol was also recovered.
6. In my view, the petitioner does not deserve the privilege of anticipatory bail, which is accordingly rejected. (Nawneet Kumar Pandey, J) Neha/- U T