Suraj Kumar @ Kumar Vishal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79148 of 2018 Arising Out of PS. Case No.-16 Year-2018 Thana- KHAJANCHI HAT District- Purnia ====================================================== Suraj Kumar @ Kumar Vishal Son of Ram Prawesh Singh, Resident of Mohalla Sukhnagar, P.S. - K. Hat Madhubani, District - Purnea. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajit Kumar Singh For the Opposite Party/s :
Mr.Sri Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-03-2019 This application, for grant of anticipatory bail, arises out of Suppl. K. Hat (Sahayak) No. 16/18, disclosing offences under Sections 387, 427 and 34 of the Indian Penal Code and Section 27 of Arms Act.
Allegation as per F.I.R. is of demanding Rangdari of Rs. 100/- from the bus owners and also of firing causing damage of wind screen of the bus.
Submission of learned counsel for the petitioner is that he is not named in the F.I.R. and he was not present at the place of occurrence and has falsely been roped in the present case on the basis of confessional statement of co-accused and except that there is nothing against the petitioner. So far criminal antecedent is concerned, he is accused in two more cases but one of the cases has been lodged after the present case.
Patna High Court CR. MISC. No.79148 of 2018(3) dt.05-03-2019 2/2 Learned counsel for the State opposed the prayer for bail and submitted that confessional statement of the co-accused shows the active involvement of the petitioner. Having heard both sides, considering the facts and circumstances and the criminal antecedent of the petitioner, I am not inclined to grant the privilege of anticipatory bail to the petitioner rather petitioner should surrender before the court below and make prayer for regular bail and if any such application is filed, the court below will dispose of the same on the merit of the case, without being prejudiced by this order. This application is, accordingly, dismissed (Vinod Kumar Sinha, J) sunilkumar/- U T