Shivnath Kumar @ Shivnath Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12359 of 2020 Arising Out of PS. Case No.-256 Year-2019 Thana- PATEPUR District- Vaishali ====================================================== Shivnath Kumar @ Shivnath Ray S/o Sri Lakhan Ray, Resident of VillageLakhanipur, P.O. Mandandih, P.S.- Patepur, Distt- Vaishali.... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pravin Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-12-2020 Heard Mr. Pravin Kumar, learned counsel for the petitioner and Mr. Nitya Nand Tiwary, learned counsel for the State as well as Mr. Anup Kumar Sinha, learned counsel for the informant through video conferencing.

In the present case, the petitioner is seeking anticipatory bail in connection with Patepur P.S. Case No. 256 of 2019 registered for offence under sections 147, 148, 149, 447, 341, 342, 307, 384, 387 of the Indian Penal Code and section 27 of the Arms Act.

As per FIR, the informant has lodged an FIR before the Officer Incharge of Patepur Police Station, Vaishali making allegation that on 08.10.2019 at about 4:30 P.M. Shivnath Rai (petitioner) came at his house on the Scorpio without number plate along with 13-14 persons, including 2-3 motor cycle rider, started indiscriminate firing and dragged his nephew Sanjay Kumar from the house for taking him. When the resistance was made, they

Patna High Court CR. MISC. No.12359 of 2020(4) dt.10-12-2020 2/2 started firing. When Renu Devi made resistance, she was assaulted by the butt of the pistol. When alarm was raised, all the accused persons succeeded to flee away save and except Shivnath Rai, who was caught by the people of the locality. While fleeing away, the accused persons left three mobile phones and one motor cycle which were also handed to the police and this incident has taken place on account of demand of extortion money from the nephew of the informant. It appears that Shivnath Rai on scuffle received injury and thereafter, he was admitted in hospital but during treatment he fled away from there.

In such view of the matter, this bail application is not maintainable and accordingly it is rejected. However, the Police must take action for arrest of the present petitioner as per procedure prescribed under the law However, if the petitioner surrenders before the court below and prays for regular bail, the court below without being prejudiced by this order will examine all aspects of the matter and take decision in accordance with law. (Shivaji Pandey, J) Mahesh/- U T