Niranjan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4820 of 2019 Arising Out of PS. Case No.-230 Year-2016 Thana- CHAUSA District- Madhepura ====================================================== Niranjan Singh S/o Giro Singh R/o Village-Khopariya, P.S.-Chousa, Distt.- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Mr.Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 30-01-2019 Heard both sides.

The petitioner apprehends his arrest in Chausa P.S. Case No.230 of 2016 registered under Sections 385, 386, 387, 379 and other minor Sections of the Indian Penal Code. The informant named the petitioner along with other accused persons and alleged that the accused persons were demanding extortion of Rs.1 lakh for last ten days to allow the informant to construct his house. On 17.12.2016, his brother was called and asked to pay the extortion amount failing which be ready to face the dire consequences. Thereafter, all the accused persons having armed with different weapons came to the house of the informant assaulted the informant and snatched different articles.

The learned counsel for the petitioner submits that there is no material against the petitioner. Petitioner is of course named in the F.I.R. but no specific allegation is made. Similarly situated co-accused persons have already been granted regular bail vide Cr. Misc. No.31035 of 2017, 41773 of 2017 and 39641

Patna High Court Cr.Misc. No.4820 of 2019(2) dt.30-01-2019 2/2 of 2017.

From perusal of F.I.R. itself, it appears that petitioner and other accused persons were demanding extortion and having armed with different weapons went to the house of the informant to realise the extortion amount and assaulted the informant and snatched different articles. The petitioner has got criminal antecedent and he is accused in one case registered under Section 385 I.P.C. Prayer for anticipatory bail of Vijay Singh and another has already been rejected by this Court vide order passed in Cr. Misc. No.60292 of 2017.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below, court below shall consider the prayer of regular bail of the petitioner taking into consideration the fact that other accused persons have been granted regular bail.

(Prabhat Kumar Jha, J) Saurabh/- U