Ashish Kumar Haldar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52778 of 2016 Arising Out of PS.Case No. -859 Year- 2014 Thana -BIHTA District- PATNA ====================================================== Ashish Kumar Halder, son of Late Niranjan Halder, resident of Flat No.301, Lotous Apartment, Block-A, New Patliputra Colony, Patna-800013. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 06-12-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihta P.S. Case No.859 of 2014 registered under Sections 363, 364 and 365 read with Section 34 of the Indian Penal Code, pending in the court of the Additional Chief Judicial Magistrate, Danapur, Patna.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the allegation has been made therein against Anant Singh, Bantu Singh and their sixteen associates in the kidnapping of the uncle of the informant for ransom but this petitioner is not named in the F.I.R. In course of investigation, the victim has not disclosed the name of the

Patna High Court Cr.Misc. No.52778 of 2016 (2) dt.06-12-2016 2/2 petitioner in his statement recorded under Section 161 of the Code of Criminal Procedure rather the victim disclosed the name of the petitioner in his statement as recorded under Section 164 of the Code of Criminal Procedure after eight months of the alleged occurrence with the contention that this petitioner was present in one vehicle near the place of occurrence. Further submission is that at the time of the alleged occurrence, the petitioner was at Muzaffarpur in connection with his professional work as he is Chartered Accountant.

Having considered the facts and the circumstances of the case and the nature of allegation, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, the prayer of the petitioner for grant of anticipatory bail stands rejected. However, the petitioner is directed to surrender before the trial court within four weeks from today and pray for regular bail, which shall be considered by the trial court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) P.S./- U T