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Patna High CourtCR. MISC./23897/2021rejected

Sunil Kumar @ Sunil Kumar Ojha v. The State Of Bihar

2022-04-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23897 of 2021 Arising Out of PS. Case No.-398 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== SUNIL KUMAR @ SUNIL KUMAR OJHA Son of Surendra Kumar Ojha Resident of Village - Tarakunj Ramjaipal Nagar, P.S.- Rupaspur, Distt.- Patna. ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Uday Prasad Singh For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-04-2022 Heard learned counsels for the petitioner and the State.

Petitioner apprehends arrest in connection with Alamganj P.S Case No. 398 of 2020 registered for the offence punishable under section 385, 506 and 420.34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that petitioner has not committed any offence as alleged in the first information report and he have been falsely implicated in this case due to previous enmity. Petitioner and informant both are contractors and are on rival terms. Petitioner has no criminal antecedent.

Learned Addl. P.P. appearing for the State opposes the prayer for bail and submits that petitioner is named accused in

Patna High Court CR. MISC. No.23897 of 2021(5) dt.28-04-2022 2/2 the first information report and during investigation the allegation of threatening to kill the informant has been supported by witnesses. Petitioner, therefore, does not deserve to be granted the privilege of bail.

Considering the nature of allegations levelled, the materials available on record and the submissions advanced on behalf of the parties, this Court does not find it to be a fit case for grant of anticipatory bail to the petitioner. The same is, therefore, rejected.

mcv/- (Arvind Srivastava, J) U T