Raja Kumar @ Raja Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3945 of 2017 Arising Out of PS.Case No. -240 Year- 2015 Thana -AMARPUR District- BANKA ======================================================

1. Raja Kumar @ Raja Kumar Singh, Son of Ajit Singh,

2. Rajesh Kumar Singh @ Rakesh Kumar Singh, Son of Ganesh Singh,

3. Raj Kumar Tanti, Son of Tanik Tanti, All residents of villageKusumkhar, P.S. Amarpur, District- Banka.

4. Bablu Singh, Son of Ranjeet Singh, resident of village-Koindha, P.S. Amarpur, District-Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Indeshwari Prasad Mandal For the Opposite Party/s : Mr. Sri S. Ehteshamuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 15-02-2017 Heard learned counsel for the petitioners, and the learned counsel representing the State.

The petitioners apprehend their arrest in connection with Amarpur P.S Case No. 240 of 2015 registered for the offences punishable under Sections 341, 323, 504, 386, 307/34 of the Indian Penal Code, Sections 3 and 4 of the Explosive Substance Act and Section 27 of the Arms Act. Allegedly, the petitioners and co-accused Sintu Singh came and Raja Kumar and Raj Kumar Tanti came at the house of the informant and started searching her husband, then informant replied that he has gone to Bahiyar and then they started abusing

and thereafter they assaulted Manjesh and asked about husband of the informant and also threatened to shoot him, if ransom amount of Rs. 50,000/- would not be paid and after seeing the villagers, the accused persons fled away after exploding the bomb and opening fire. The motive behind the occurrence is that earlier the husband of the informant used to lift sand and transport from his tractor and for that they were demanding ransom but the husband of the informant never paid the same.

Submission is of false implication and that this false case has been lodged only with a view to harass the petitioners. The petitioners and others were opposing the lifting of sand from the bank of the river and due to that annoyance this case has been lodged.

Learned A.P.P. opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, considering the allegations attributed against the petitioners, I am not inclined to grant privilege of pre-arrest to them and accordingly, their such prayer stands rejected in connection with Amarpur P.S. Case No. 240 of 2015, pending in the Court of learned Chief Judicial Magistrate, Banka.

However, in case and if so advised the petitioners surrender and seek regular bail then their prayer for regular bail

shall be considered preferably on the same day on its own merits without being prejudiced by the order of this Court. (Jitendra Mohan Sharma, J) sushma/- U T