Shashank Kumar @ Sudhanshu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35275 of 2023 Arising Out of PS. Case No.-162 Year-2022 Thana- BHAGWANPUR District- Begusarai ====================================================== SHASHANK KUMAR @ SUDHANSHU KUMAR son of Rambali Kumar @ Rabali Kunwar Village- Daniyalpur Tola Par, Nayatola Ward No- 6, PsTeghra Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sandip Kumar Gautam For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 21-07-2023 Heard the parties.

The petitioner apprehends his arrest in connection with Bhagwanpur PS Case No. 162 / 2022 dated 02.09.2022 registered for the offence under Sections 341, 323, 504, 506, 307, 34 of the IPC and Section 27 of the Arms Act. As per the FIR, the petitioner along with three unknown intercepted the informant and started abusing and assaulting and told him that the informant, who is a member of electronic media, had run the news of his sex racket in news channels. It has further been alleged that the petitioner pulled out revolver from his waist, fired upon him, but somehow the bullet did not hit the informant. The informant has also alleged

Patna High Court CR. MISC. No.35275 of 2023(2) dt.21-07-2023 2/3 that in the year 2021 the informant had disclosed the news of sex racket in which the petitioner was involved bearing Teghra PS Case No. 275 / 2021 & Teghra PS Case No. 276 / 2021 due to which the informant was being threatened by the petitioner on cell phone through Whatsapp audio call.

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case inasmuch it was the informant who was trying to extort money taking advantage of the fact that the petitioner was involved in sex racket case. He further submits that as per the FIR the informant has said that since 2021 he was being threatened by the petitioner, but no Sanha and / or FIR has been lodged by the informant, and the present FIR has been lodged on a concocted story after delay of two days. He further submits that due to firing allegedly made by the petitioner no injury has been caused to the informant. He next submits that compromise between the parties has already been arrived at. Regard being had to the submission made by the parties, taking into consideration the fact that informant is a member of electronic media and for running news regarding sex racket in which the petitioner was involved the informant was being threatened since long and lastly on the date of occurrence

Patna High Court CR. MISC. No.35275 of 2023(2) dt.21-07-2023 3/3 he was attacked upon by the petitioner along with his associates, the petitioner has got criminal antecedent also relating to sex racket (Immoral Traffic Act) and the anticipatory bail application of the petitioner filed earlier before the learned Sessions Judge was rejected, as such, I am not inclined to grant the privilege of anticipatory bail to the petitioner. The application stands rejected.

(Anil Kumar Sinha, J) praful/- U