Rajesh Prasad Gupta @ Rajesh Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.633 of 2019 Arising Out of PS. Case No.-1 Year-2014 Thana- SC/ST District- Jehanabad ====================================================== Rajesh Prasad Gupta @ Rajesh Kumar Gupta ... ... Appellant/s

Versus

The State of Bihar ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr.Sunil Kumar, Advocate For the Respondent/s :

Mr.Binay Krishna, Special P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL JUDGMENT Date : 29-03-2019 Heard the parties.

The appellant seeks anticipatory bail in connection with A.B.P. No. 1942 of 2018 (arising out of Arwal SC/ST P.S.Case No. 01 of 2014), registered for the offences punishable under Sections 341,323, 504, 506, 379, 384 of the Indian Penal Code and Sections 3 (i) (x) of the SC/ST Act ( Prevention of Atrocities) Act. Allegation as per F.I.R. against the appellant is that he has demanded Rs. 50,000/- as rangdari from the informant and also assaulted him with fists and slaps and snatched Rs. 1000/-.it is also alleged that the case is of the year, 2014 and the appellant is named in the F.I.R.

Submission of the learned counsel for the appellant is that the appellant has falsely been implicated in this case and for the same occurrence, the informant filed a Sanha vide S.D. entry

Patna High Court CR. APP (SJ) No.633 of 2019 dt.29-03-2019 2/2 No. 23 of 2019 and as a matter of fact, the informant engaged in toddy business, which objected by the appellant, hence, the present case has been lodged and the appellant has clean antecedent.

Heard learned Special A.P.P. who opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above and considering the fact that the case is of the year, 2014, I am not inclined to grant bail to the appellant, accordingly, prayer of anticipatory bail is rejected with a direction to the appellant that if the appellant surrender before the court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned Special Judge on the basis of materials available on the record without being prejudiced by this order of this Court. This application is accordingly disposed of on the same day.

(Vinod Kumar Sinha, J) sudha/- AFR/NAFR NAFR CAV DATE NA Uploading Date 03.04.2019 Transmission Date 03.04.2019