Bhikhari Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4673 of 2024 Arising Out of PS. Case No.-145 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== Bhikhari Singh Son Of Radhay Singh R/O Village- Nandpur, P.S.- Suryagarha, Dist.- Lakhisarai ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 09-02-2024 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

2. Petitioner apprehends his arrest in connection with Surajgarha P.S. Case No. 145 of 2023 dated 28.04.2023, registered for the offence punishable u/s 448, 323, 307, 387, 354(A), 504, 506/34 of the IPC and Section 27 of the Arms Act, pending in the court of learned Additional Sessions Judge -II, Lakhisarai.

3. As per the FIR, the allegation against the petitioner is that he has demanded rangdari /exortion of Rs. 20 lakhs from the informant and has also fired upon the informant and his son.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.4673 of 2024(2) dt.09-02-2024 2/3 that the petitioner is quite innocent and has been falsely implicated in this case due to previous grudge. There is admitted land dispute between the parties as mentioned in para 13 of the petition. The allegations levelled against the petitioners is general and omnibus in nature. Petitioners have nine criminal antecedents as mentioned in para 3 of the bail application.

5. Per contra, learned APP for the State vehemently opposing the bail petition submitted that the allegations levelled against the petitioner is serious in nature, hence he does not deserve anticipatory bail.

6. Considering the facts and circumstances of case, petitioner has nine criminal antecedents, I am not inclined to enlarge the petitioner on bail. The prayer for bail of the petitioner is hereby rejected.

7. However, if the petitioner surrender before the learned Court below within six weeks from today and seek regular bail, the learned Court below shall pass order on the same day in accordance with law without being prejudiced by this order. Considering the fact that there is admitted land dispute between the parties and other co-accused has

Patna High Court CR. MISC. No.4673 of 2024(2) dt.09-02-2024 3/3 been granted anticipatory bail by the learned court below itself.

(Anjani Kumar Sharan, J) annpurna/- U T