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Patna High CourtCR. MISC./40562/2022bail rejected

Munna Miya @ Munna Miyan @ Munna Ansari v. The State Of Bihar

2022-12-06Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40562 of 2022 Arising Out of PS. Case No.-101 Year-2020 Thana- EKMA District- Saran ====================================================== MUNNA MIYA @ MUNNA MIYAN @ MUNNA ANSARI Son of Usman Miyan @ Suleman Miyan Resident of Village - Near Ekma Registry Officer , P.O.-Ekma , Distt.- Saran (Chapra) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwary For the Opposite Party/s :

Mr. Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-12-2022 Heard learned counsel for the petitioner and the State. Petitioner apprehends his arrest in a case registered for the offence punishable under Section 386/ 34 of the Indian Penal Code.

As per the prosecution case, all the FIR named accused persons, including this petitioner came to the Hardware shop of informant and demanded extortion. It is further alleged that this petitioner took out Rs. 5000/- from the cash box of the informant.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case due to village politics. It is further submitted that there is delay of three days in lodging the FIR without any explanation.

Patna High Court CR. MISC. No.40562 of 2022(4) dt.06-12-2022 2/2 The petitioner has never demanded any extortion from the informant.

Learned counsel appearing for the State opposes the prayer for anticipatory bail and submits that this petitioner came to the Hardware shop of informant and demanded extortion and also took out Rs. 5000/- from the cash box of the informant. Petitioner has got criminal antecedent of eight cases. Considering the nature of accusation, gravity of the offence and criminal antecedent of petitioner, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T