Niraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6996 of 2017 Arising Out of PS.Case No. -467 Year- 2013 Thana -BARAUNI District- BEGUSARAI ====================================================== Niraj Singh, Son of Jugal Kishore Singh, resident of Village- Madhurapur, Dakshin Tola, Police Station- Teghra, District- Begusarai. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Ramesh Chandra (APP-54) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 03-04-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner apprehends his arrest in connection with Barauni (F.C.I.) P.S. Case No. 467 of 2013, registered for the offences punishable under Section 394 of the Indian Penal Code. Allegedly, three unknown miscreants after pointing out pistol snatched Rs. 34,480/- and one mobile Samsung company having SIM No. 9709601433 from the informant and during investigation it transpires that in looted mobile SIM No. 7549809920 was used after the occurrence and that SIM is in the name of Hare Ram Singh the brother of the petitioner and Hare Ram Singh stated that the petitioner was using the said SIM and further stated that at present he has become criminal.

Patna High Court Cr.Misc. No.6996 of 2017 (3) dt.03-04-2017 2/2 Submission is of false implication and that there is enmity with the brother of the petitioner and due to enmity the brother of the petitioner has taken the name of the petitioner. The petitioner has got no criminal antecedent and, as such, the petitioner deserves sympathetic consideration. The learned A.P.P. opposes the prayer of pre-arrest bail by submitting that petitioner was using said SIM in looted mobile and further T.I.P. is required in this case. In the facts and circumstances as stated above, I am not inclined to grant privilege of pre-arrest bail to him and accordingly his such prayer stands rejected in connection with Barauni (F.C.I.) P.S. Case No. 467 of 2013, pending in the Court of learned Chief Judicial Magistrate, Begusarai. (Jitendra Mohan Sharma, J.) Rajiv/- U T