Patna High CourtCR. MISC./43358/2016rejected

Manoj Thakur v. The State Of Bihar

2016-10-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43358 of 2016 Arising Out of PS.Case No. -35 Year- 2016 Thana -DARAUNDA District- SIWAN ======================================================

1. Manoj Thakur Son of Permanand Thakur, Resident of Chanchaura, P.S.- Rashulpur, District- Chapra.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Nand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-10-2016 Heard the parties.

This application, for grant of anticipatory bail, arises out of Daraunda P.S. Case No. 35 of 2016, disclosing offences under Sections 341, 323, 324, 379 and 447/ 34 of the Indian Penal Code. Informant had a wine shop. It is alleged that the accused persons asked for wine and when the informant demanded money, co-accused Anirudha Patel opened fire and the petitioner assaulted him with knife and, thereafter they took away cash of Rs. 85,000/- from the shop and few bottles of wine.

Learned counsel, appearing on behalf of the petitioner, has submitted that the petitioner has been falsely implicated in the present case only because he was also present near the shop. However, considering the fact that the petitioner has

Patna High Court Cr.Misc. No.43358 of 2016 (2) dt.26-10-2016 2/2 criminal antecedents, as is evident from the statement made in paragraph -3 of the application, I am not inclined to grant the petitioner, above named, the privilege of anticipatory bail. This application is, accordingly, rejected.

The petitioner is directed to surrender before the learned court below within a period of four weeks from today and seek regular bail, if so advised. If he does so, his application for regular bail shall be considered by the learned court below on its own merit, without being prejudiced by rejection of present application for grant of anticipatory bail.

(Chakradhari Sharan Singh, J) sunil/-c U T