Amit Pandey @ Raja Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32485 of 2023 Arising Out of PS. Case No.-4 Year-2019 Thana- SURSAND District- Sitamarhi ====================================================== AMIT PANDEY @ RAJA MISHRA Son of Raj Narayan Pandey Resident of village - Piprakhem, P.S. - Kalyanpur, Distt. - Motihari (East Champaran) ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nawal Kishore Prasad, Advocate.
Mr. Hari Kishore Thakur, Advocate.
For the Opposite Party/s :
Mr. Choubey Jawahar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 30-08-2023 Heard Mr. Hari Kishore Thakur, learned counsel for the petitioner and Mr. Choubey Jawahar, learned Additional Public Prosecutor appearing for the State.
2. Petitioner apprehends his arrest in connection with Sursand P.S. Case No. 04 of 2019 dated 6.1.2019 registered for the offence punishable under Sections 385 and 387 of the Indian Penal Code.
3. As per the First Information Report lodged by Rakesh Kumar, General Manager of Sunil High-Tech Company on 6.1.2019, that since October he is receiving calls on his Mobile number from Mobile numbers 7908708198 and 7739573706 including foreign calls from Mobile numbers 9779826249129, 977-9864516003 and 977-9864844929. It has further been alleged that the Caller of the aforesaid Mobile Nos.
Patna High Court CR. MISC. No.32485 of 2023(3) dt.30-08-2023 2/3 demanded 2% of the Project cost which was being executed by Sunil High-Tech Company. The Caller of the Mobile claimed that he is Raja Mishra, a member of the Gang of Mukesh Pathak.
4. Learned counsel for the petitioner submits that the name of the petitioner is Amit Pandey and not Raja Mishra. He further submits that the informant was receiving calls since October but he has lodged the FIR in January, 2019 i.e. after delay of about three months. He further submits that the petitioner is not the member of gang of Mukesh Pathak and has been implicated in this case merely on the basis of fact that he is having three criminal antecedents. He next submits that coaccused Yogesh Pathak has been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. 10672 of 2022.
5. On the other hand, learned counsel for the State referring to the case diary submits that during course of investigation it has come to light that Amit Pandey, i.e. petitioner herein, is Raja Mishra. The investigation of the case is still pending.
6. Regards being had to the submission made by the parties and taking into consideration the fact that the organized gang of Mukesh Pathak demanded extortion amount from the
Patna High Court CR. MISC. No.32485 of 2023(3) dt.30-08-2023 3/3 informant who is General Manager of a construction company, the spy has collected information that Raja Mishra is Amit Pandey and the petitioner has got three criminal antecedents of similar nature of cases, I am not inclined to anticipatory bail to the petitioner.
7. Accordingly, the prayer for grant of anticipatory bail to the petitioner stands rejected.
(Anil Kumar Sinha, J) S.Ali/- U T