Patna High CourtCR. MISC./36449/2024dismissed

Prem Kumar @ Prem Kumar Sah v. The State Of Bihar

2024-07-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36449 of 2024 Arising Out of PS. Case No.-47 Year-2024 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Prem Kumar @ Prem Kumar Sah Son of Pawan Kumar Sah R/O Ward No.17, Suratganj, P.S.- Madhubani Town, Dist.- Madhubani, Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prince Kumar Mishra For the Opposite Party/s :

Mr. Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-07-2024 Heard Mr. Prince Kumar Mishra, learned counsel for the petitioner and Mr. Dilip Kumar No. 1, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 379, 384, 504/34 of the Indian Penal Code.

3. Petitioner along with other accused persons are said to have assaulted the informant with iron rod as a result of which he sustained injury. It is alleged that the accused persons took Rs. 4000/- from the pocket of the informant along with a mobile phone worth Rs. 65,000/- and threatened him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He submits that there is no specific overt act against the

Patna High Court CR. MISC. No.36449 of 2024(2) dt.03-07-2024 2/2 petitioner. He submits that there is general and omnibus allegation levelled against the petitioner. He submits that there is specific allegation of threatening and for extortion money is against co-accused Shakti Jha. He submits that the petitioner was not present at the place of occurrence. He further submits that petitioner has one criminal antecedent as stated in para-3 of the bail application.

5. Learned APP for the State opposes the prayer for bail submits that the petitioner is also involved in the present case.

6. Considering the nature of offence, I am not inclined to enlarge the petitioner on bail. Accordingly, his prayer for anticipatory bail is rejected in connection with Madhubani Town P.S. Case No. 47 of 2024.

(Anjani Kumar Sharan, J) devendra/- U T