Mitan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24132 of 2023 Arising Out of PS. Case No.-218 Year-2022 Thana- CHAKAI District- Jamui ====================================================== Mitan Yadav Son Of Dhanpat Yadav R/V- Sarasbadiya Ps- Chakai Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s :
Mr. Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in Chakai P.S. Case No. 218 of 2022 registered for the offences punishable under Sections 364, 387/34 of the Indian Penal Code pending in the Court of learned Sessions Judge, Jamui.
The allegation against the petitioner along with other accused persons is that they kidnapped the truck drivers on the gun point and took them to forest and demanded Rs. 50,000/- as Rangdari.
Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that
Patna High Court CR. MISC. No.24132 of 2023(2) dt.06-07-2023 2/2 no any incriminating article has been recovered from conscious possession of the petitioner. On the basis of confessional statement of other co-accused, the motorcycles used in the crime were recovered. The petitioner has one criminal antecedent as mentioned in para-3 of the bail application. Learned APP for the State opposes the prayer for anticipatory bail and submits that the petitioner is also involved in the present case.
Considering the facts and circumstances of case and the nature of the offence, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.
(Anjani Kumar Sharan, J) anand/- U T