Gyandeep Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.87342 of 2024 Arising Out of PS. Case No.-187 Year-2024 Thana- ALAMGANJ District- Patna ====================================================== Gyandeep Kumar S/O Ajay Kumar R/O Alamganj Chowki, P.S- Alamganj, Distt.- Patna. Pin Code- 800007, Bihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Tabish Ahmad For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 20-01-2025

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Alamganj Police Station Case No. 187 of 2024, disclosing offences under Sections 399, 402 of the Indian Penal Code and Section 25(1-b)a, 26, 35 of the Arms Act.

3. As per the prosecution story, the police got secret information that five criminals had assembled in Vishwakarma Mandir at Neem ki bhatti and were planning to commit offence. On this information, the police arrived at the place of occurrence. On seeing the police party, two persons succeeded in fleeing away. Three persons were arrested and they disclosed the names of the petitioner and others who succeeded in fleeing away. The police upon search, recovered country made pistol from the waist of co-accused Md. Shabaz and empty cartridge inside and also recovered a mobile. A mobile was recovered from the other co-accused Salauddin. A knife was also

Patna High Court CR. MISC. No.87342 of 2024(2) dt.20-01-2025 2/2 recovered from the waist of arrested person Promod Kumar.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case due to malicious intention and he has been made accused on the basis of disclosure of his name by the arrested co-accused. In order to attract the ingredients of Section 399 and 402, the police has implicated the name of the petitioner and others.

5. Learned counsel for the State submits that police recovered firearm along with lethal weapon from the arrested persons who have disclosed the name of the petitioner who was present at the place of occurrence and succeeded in fleeing away. The petitioner is having two criminal antecedents of serious nature of offence.

6. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that the petitioner is having criminal antecedents, I am not inclined to grant the petitioner privilege of anticipatory bail.

7. This application is, accordingly, rejected. (Anil Kumar Sinha, J) HarshPandey/- U T