Shambhu Mehta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20078 of 2021 Arising Out of PS. Case No.-102 Year-2019 Thana- ALAMNAGAR District- Madhepura ====================================================== Shambhu Mehta Son Of Mahendra Mehta Resident Of Village- Madadpur, Basa @ Madanpur Basa @ Madhatpur Basa Jagdishpur, P.S.- Alam Nagar, District- Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-09-2021 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 Alam Nagar P.S. Case No. 102 of 2019 registered for the offence punishable under Sections 341, 323, 384, 504, 506, 34 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, informant has alleged that on 26.04.2019 at about 12: 00 noon while he was executing scheme under JAL NAL YOJNA with his labours and Mason, FIR named accused came brandishing arms and started abusing and demanded

Patna High Court CR. MISC. No.20078 of 2021(2) dt.01-09-2021 2/3 ransom of Rs. 50,000/-. There is specific allegation against accused Nabash Singh of firing upon labours and intimidating them, however, no one was injured.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that no allegation of any specific overt act has been alleged against the petitioner. He further submits that similary situated co-accused persons have been granted bail by a Co-ordinate Bench of this Cour or by learned court below i.e. co-accused Chhaila Behari has been granted anticipatory bail vide order datd 19.12.2019 passed in Cr. Misc. No. 69020 of 2019 and co-accused Amit Roy has been granted bail by the court of learned Sessions Judge, Madhepura vide order dated 22.11.2019 passed in B.P. No. 861 of 2019. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner has fifteen criminal antecedents as has been mentioned in para 3 of this bail petition and he is languishing in custody since 03.02.2020.

Learned APP for the State vehemently opposing the bail petition submits that petitioner is the habitual offender and there are total fifteen cases pending against the petitioner as mentioned in para 3 of this bail petition.

In the facts and circumstances of the case and considering the criminal antecedent of the petitioner, I am not inclined to grant

Patna High Court CR. MISC. No.20078 of 2021(2) dt.01-09-2021 3/3 privilege of bail to the petitioner in connection with Alam Nagar P.S. Case No. 102 of 2019 to the satisfaction of learned A.C.J.M. 1st Uda Kishunganj, Madhepura.

Accordingly, the prayer for bail of the petitioner is hereby rejected.

However, petitioner is directed to renew his prayer for bail after framing of charge.

(Anjani Kumar Sharan, J) GAURAV S./- U T