Shatrughan @ Shatrughan Kumar @ Jataha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3675 of 2020 Arising Out of PS. Case No.-17 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== Shatrughan @ Shatrughan Kumar @ Jataha S/O - Rangdar Singh @ Amrendra Singh @ Amrendra Kumar Resident Of Village- Shekhpura, P.S.- Naubatpur, Distt- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Singh For the Opposite Party/s :
Mr. Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-09-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.
The petitioner seeks bail in connection with Naubatpur P.S. Case No. 17/19 registered for the offence punishable under Sections 506, 384, 386, 387/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per the prosecution case, it is alleged that four unknown persons came riding on a motorcycle to the coaching
Patna High Court CR. MISC. No.3675 of 2020(7) dt.06-09-2021 2/3 (learning) institute of the informant and fired in the air for taking extortion money and to build fear in the mind of the informant.
Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. No such occurrence as alleged ever took place and no incriminating article has been recovered from the conscious possession of the petitioner. He is neither named in the F.I.R. nor was apprehended on the spot. He submits that no T.I. parade has been done. He further submits that similarly situated co-accused person has already been granted Anticipatory bail by a Co-ordinate Bench of this Court. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has seven criminal antecedents as has been mentioned in para 3 of this bail petitioner and he is languishing in custody since 30.04.2019. Learned APP for the State vehemently opposed the bail petition.
In the facts and circumstances of the case and on persual of the records including the case diary and criminal antecedents of the petitioner, I am not inclined to grant bail to the petitioner in connection with Naubatpur P.S. Case No. 17/19 to the
Patna High Court CR. MISC. No.3675 of 2020(7) dt.06-09-2021 3/3 satisfaction of A.C.J.M. -II, Danapur, Patna. Accordingly, prayer for bail of the petitioner is hereby rejected.
However, petitioner may renew his prayer for bail after frmaing of charge.
(Anjani Kumar Sharan, J) GAURAV S./- U T