Rakesh Kumar Ojha @ Rakesh Kumar Ojha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41240 of 2015 Arising Out of PS.Case No. -124 Year- 2015 Thana -BIHIYA District- BHOJPUR ====================================================== Rakesh Kumar Ojha @ Rakesh Kumar Ojha, Son of Sri Nitya Nand Ojha, Resident of village- Doghra, P.S. Behea, District- Bhojpur (Arrah) .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Mishra For the Opposite Party/s : Mr. C.Jawahar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 07-10-2015 Heard learned counsels for the petitioner and the State.
The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 325, 387, 385, 504, 506, 379 of the Indian Penal Code and 27 of the Arms Act.
The prosecution case is that the petitioner along with Madan Yadav came to the informant, demanded extortion of Rs.20,000/- and 100 pieces of iron sheets and directed to vacate the premises. Subsequently, the petitioner pointed pistol on the temporal region of the informant and Madan Yadav made assault when Madan Yadav snatched rupees one lakh from the informant. It is further alleged that the
Patna High Court Cr.Misc. No.41240 of 2015 (2) dt.07-10-2015 2/2 petitioner resorted to fire but the same did not hit the informant. It is submitted by learned counsel for the petitioner that the money was not snatched by the petitioner and even assuming the accusation no injury was caused by firing made by the petitioner.
A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Behea P.S. Case No. 124 of 2015 pending in the court of learned Chief Judicial Magistrate, Bhojpur at Ara.
With the aforesaid observation, this application is disposed of.
(Dinesh Kumar Singh, J) DKS/- U T