Vikash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16780 of 2021 Arising Out of PS. Case No.-72 Year-2020 Thana- RISIYAP District- Aurangabad ====================================================== VIKASH SINGH S/o Raghubir Singh R/o Village Jagdishpur, P.S. Jamhore, District - Aurangabad.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. P.K. Shahi, Sr. Adv.
Mr. Ashok Kumar Singh, Adv.
For the Informant Mr. N.K. Agrawal, Sr. Adv.
Mr. Sanjay Kumar, Adv.
Ms. Preety Kunwar, Adv.
For the State :
Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2021 Heard the learned counsel for the parties.
The petitioner seeks bail in a case registered for the offence punishable under Section 364/120B of the Indian Penal Code.
Prosecution case is that while the informant along with his brother and others were returning from the court in a car, five named accused persons including the petitioner on the point of pistol kidnapped Rahul Singh (brother of the informant).
Learned counsel for the petitioner submits that he is innocent and has been falsely implicated in this case. He submits that allegation levelled against the petitioner is general
Patna High Court CR. MISC. No.16780 of 2021(4) dt.03-11-2021 2/2 and omnibus. He submits that petitioner is a public servant. He submits that nothing has been recovered from the possession of the petitioner and till date, petitioner has not been put on TIP parade. He further submits that the petitioner has one criminal antecedent as stated in para-3 of the bail application and he is languishing in judicial custody since 01.10.2020. However, learned counsel for the informant and State vehemently oppose the prayer for bail and submits that similarly situated co-accused has already been rejected bail by a coordinate Bench of this Court in Cr. Misc. No. 12570 of 2021 on 03.08.2021.
Considering the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. Accordingly, bail application of the petitioner is rejected in connection with Risiup P.S. Case No. 72 of 2020 pending before the court of the learned Chief Judicial Magistrate, Aurangabad. Accordingly, this application is dismissed. However, petitioner may renew his prayer for bail after framing of charge. (Anjani Kumar Sharan, J) devendra/- U T