Mithun Paswan v. The State Of Bihar

Patna High Court Cr.Misc. No.10991 of 2016 (2) dt.18-04-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10991 of 2016 Arising Out of PS.Case No. -268 Year- 2015 Thana -KHARAGPUR District- MUNGER ====================================================== Mithun Paswan son of Sikander Paswan, Resident of Village-Nabtoliya, P.S.- Asarganj, District- Munger.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Jyoti Ranjan Jha, Advocate For the Opposite Party : Mr. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 18-04-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Kharagpur P.S. Case No. 268 of 2015 pending in the Court of SDJM, Munger for the offences instituted under Sections 364A and 120B/34 of the Indian Penal Code.

The allegation against the accused persons is that all the accused persons were standing with three motorcycle in the premises of the school and when the informant open the lock of room then on the point of pistol the accused Ranjan Bind and Uttam Bind forcibly caught the informant and seated on motorcycle in middle and accused Uttam Bind taken his mobile phone and kept in a room thereafter taking meal and in the

Patna High Court Cr.Misc. No.10991 of 2016 (2) dt.18-04-2016 evening informant was brought to a field and after knowing the raid of police all the accused persons fled away from the place of occurrence.

It has been submitted on behalf of the petitioner has falsely been implicated in the present case. There is no direct or indirect evidence against the petitioner. There is no overt-act alleged against him.

On behalf of the State, it has been submitted that the petitioner is named in the FIR and from perusal of the impugned order, it is apparent that the informant was abducted for ransom by the accused persons including the petitioner. Considering the aforesaid facts and circumstances of the case, I am not inclined to release the above named petitioner on anticipatory bail, the same is rejected.

Anyhow, if the petitioner surrenders in the court below within a period of four weeks, the same shall be considered on its own merit without being prejudiced by this order. (Sudhir Singh, J) B.Kr./- U T