Patna High CourtCR. MISC./21124/2020disposed

Bhola Pandey v. The State Of Bihar

2021-03-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21124 of 2020 Arising Out of PS. Case No.-171 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== BHOLA PANDEY Son of Late Abhimanyu Pandey Resident of Village - Bhabhua, Ward No. 19, P.S.- Bhabhua, District- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Saroj Kumar Sharma For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in Bhabhua P.S. Case No. 171 of 2019 registered under Sections 341, 323, 386, 504, 506 and 34 of the Indian Penal Code. The prosecution allegation, in short, is that the accused persons demanded extortion money on the gun point. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case due to oblique reasons. There is enmity between the parties and for the said reason, present false case has been instituted against the petitioner. The witnesses who have supported the allegation are interested witnesses at the instance

Patna High Court CR. MISC. No.21124 of 2020(3) dt.09-03-2021 2/2 of the informant. They have made such allegation of extortion against the petitioner.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. Hence, it is not a case for grant of anticipatory bail.

Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected. If the petitioner surrenders in the Court below and prays for regular bail, the same shall be considered on its own merit without being prejudiced by this order and will be disposed of preferably on the same day.

(Sudhir Singh, J) Pankaj/- U T