Shyam Kumar @ Shyam Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4232 of 2024 Arising Out of PS. Case No.-276 Year-2023 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Shyam Kumar @ Shyam Rai Son of Ram Babu Rai R/o vill - Gaura, P.S. - Nanpur, Distt .- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Opposite Party/s :
Mrs. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-07-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner seeks regular bail in connection with Runnisaidpur P.S. Case No. 276 of 2023, lodged on 22.05.2023, under Sections 364A/34 of the Indian Penal Code.
3. As per the prosecution, the allegation of kidnapping is there in the FIR.
4. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has come by virtue of confessional statement of co-accused. Counsel submits that the named accused has been granted bail by this Court vide order dated 29.02.2024 passed in Cr. Misc. No.69730 of 2023.
5. It transpires from the earlier order that this Court has directed the Superintendent of Police, Sitamarhi, to submit
Patna High Court CR. MISC. No.4232 of 2024(5) dt.03-07-2024 2/2 the antecedent report of the petitioner. The report has come and in the report it transpires that there are four criminal cases pending against the petitioner. It also transpires to this Court that the Pairvikar of the petitioner has made wrong and false communication to the petitioner's counsel that his antecedent is clean.
6. On this ground alone, the petitioner do not deserve bail. This Court is not inclined to grant bail to the petitioner. Hence, the prayer for bail of the petitioner is hereby rejected. (Dr. Anshuman, J) Mkr./- U T