Patna High CourtCR. MISC./48488/2016rejected

Baidyanath Rai @ Baidyanath Sahni v. The State Of Bihar

2017-01-20Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48488 of 2016 Arising Out of PS.Case No. -120 Year- 2010 Thana -JANDAHA District- VAISHALI(HAJIPUR) ======================================================

1. Baidyanath Rai @ Baidyanath Sahni, S/o Ghamandi Rai, resident of Village- Dih Buchauli, P.S. Jandaha, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Saurabh Kumar, Advocate For the Opposite Party/s : Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 20-01-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 341/307387 and other minor sections of the Indian Penal Code, Section 27 of the Arms Act and Section 3/5 of the Explosive Substances Act. Allegation is that miscreant Amarnath Sahani along his gang men including the petitioner variously armed came to the house of the informant, demanded ransom and fired from their fire-arms and hurled bombs. The aforesaid allegation has been supported as eyewitness of the occurrence by the witnesses examined by the police.

Submission of the petitioner is that there is no specific

Patna High Court Cr.Misc. No.48488 of 2016 (3) dt.20-01-2017 2/2 allegation and it is highly unbelievable that in the wee hour of the night all the accused persons were identified in the light of torch. Considering the aforesaid materials against the petitioner, I am not inclined to grant anticipatory bail to the petitioner in connection with Jandaha Police Station Case No. 120 of 2010, pending in the Court of Mr. Anand Sharmik, Judicial Magistrate, Vaishali at Hajipur/Successor Court. Accordingly, the prayer for anticipatory bail is rejected.

(Birendra Kumar, J) Mkr./- U T