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Patna High CourtCR. MISC./14491/2020dismissed

Raju Singh @ Raju Kushwaha v. The State Of Bihar

2020-07-01Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14491 of 2020 Arising Out of PS. Case No.-135 Year-2019 Thana- BATHNAHA District- Sitamarhi ====================================================== RAJU SINGH @ RAJU KUSHWAHA S/o Ashrafi Mahto Resident of Village- Kohbarva Ward No.4, P.S.- Sonbarsa, Distt- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Kumar For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-07-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Bathnaha PS case no. 135 of 2019 registered for the offences punishable under Section 394 of Indian Penal Code.

The allegation is regarding some miscreants having dashed their motorcycle with the motorcycle of the informant who was going back to Sonbarsa from Sitamarhi after collecting money, whereupon the miscreants had looted the bag containing the money collected by the informant on pistol point

Patna High Court CR. MISC. No.14491 of 2020(2) dt.01-07-2020 2/2 and had then fled away.

The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case.

I have heard the learned counsel for the parties and perused the materials on record as also the impugned order dated 14.02.2020, from which it is apparent that the petitioner is having a bad criminal antecedent, inasmuch as he is an accused in more or less similar types of cases, totalling three in number, apart from the present case. This Court further finds that the complicity of the petitioner in the alleged crime is apparent from the case diary, as has been recorded in the impugned order dated 14.02.2020.

Considering the aforesaid facts and circumstances of the case as also taking into account the fact that the petitioner appears to be a habitual offender, I do not find any merit in the present petition, hence the same stands dismissed. (Mohit Kumar Shah, J) rinkee/- U T