Saket Kumar @ Raja Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33611 of 2021 Arising Out of PS. Case No.-267 Year-2020 Thana- ROSERA District- Samastipur ====================================================== SAKET KUMAR @ RAJA JHA S/O SHASHIDHAR JHA R/o Village/Mohalla- Katharbanni, Ward No. 10, P.S.- Rosera, DistrictSamastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhimanyu Sharma For the Opposite Party/s :
Mr.Uday Pratap Singh Mr. Saket Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 05-04-2022 The learned counsel for the petitioner is directed to remove all the defects pointed out by the Stamp Reporter within one month.
Heard the learned counsel for the petitioner as well as as learned counsel for the informant. The petitioner apprehends his arrest for the offences alleged under Sections 147, 323, 341, 379, 385, 448, 427 and 504 of the Indian Penal Code, registered in connection with Rosera P.S.Case No.267 of 2020.
As per allegation, the petitioner came to the house of the informant on 27.08.2020 and threatened him to face dire consequences, if he fails to execute the sale deed in his favour in
Patna High Court CR. MISC. No.33611 of 2021(2) dt.05-04-2022 2/3 respect of his land and house. This information was given to the police authority and after two days i.e. on 29.08.2020, the petitioner along with co-accused Pranav Thakur and unknown person, 50-60 in numbers, came to the house of the informant, dismantled the doors and windows and ransacked the entire household articles and also committed loot and forcibly obtained the signature of the informant on two stamp papers. The accused persons also dismantled the under construction house of the informant.
The learned counsel for the petitioner has submitted that a portion of that house has been gifted by the informant in favour of his sister Veena Devi from whom the petitioner has purchased that land.
On the other hand, the learned counsel for the informant has submitted that when the occurrence of 27.08.2020 was informed to the police authority the petitioner looted his house and ransacked the entire household articles. He has further submitted that the petitioner is a veteran criminal and convicted accused of Rosera P.S.Case No.237 of 2012 under Sections 302 and 120B of the IPC., although he is on bail by the appellate court in that case. Except that, some other cases being Rosera P.S.Case No.164 of 2020 and Rosera P.S.Case No.
Patna High Court CR. MISC. No.33611 of 2021(2) dt.05-04-2022 3/3 74 of 2020 are pending against him.
Considering the above facts and circumstances, this court is not inclined to grant the privilege of anticipatory bail to the petitioner. The prayer for anticipatory bail on behalf of the petitioner is hereby rejected.
Office shall ensure that all defects are removed by the petitioner within the stipulated time as provided hereinabove, failing which the matter shall be brought to the notice of this Court.
(Nawneet Kumar Pandey, J) HR/- U T