Vimal Kumar @ Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44276 of 2024 Arising Out of PS. Case No.-707 Year-2023 Thana- MAKHDUMPUR District- Jehanabad ====================================================== Vimal Kumar @ Vinay Kumar Son of Bimlendu Kumar R/O Vill.- Bandea, P.S.- Makhdumpur, Dist.- Jehanabad (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrendra Kumar Singh For the Opposite Party/s :

Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 02-08-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner apprehends arrest in connection with Makhdumpur P.S. Case No.707 of 2023 registered for the offence under Sections 341, 323, 379, 384, 504, 506/34 of the Indian Penal Code.

3.

As per FIR, the allegation against this petitioner as well as other co-accused persons that they stopped the car of the informant demanded balance of Rs.5000/- and also assaulted and abused to the informant. It is further alleged that the accused persons snatched key of car and they taken away car anywhere and demanded Rs.50,000/- on the point of pistol, where, Rs.6500 was handed over to the accused persons

Patna High Court CR. MISC. No.44276 of 2024(3) dt.02-08-2024 2/3 and a golden chain of Rs.41,000/ snatched by one of the accused persons and further taken cellphone and ATM where they withdraw Rs.15000/- and transferred Rs.30,000/- to different accused persons.

4.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has falsely been implicated in the present case, where, petitioner is not named in the FIR. It is submitted that the allegation as regard to assault and extortion is general and omnibus.

5.

Learned APP appearing on behalf of the State, opposes the prayer of bail of the petitioner and submitted that the investigation could be affected, if the petitioner would be granted privilege of anticipatory bail. It is also submitted that interrogation of the petitioner in police custody is also required. 6.

In view of the submissions, as made above, as it appears from FIR that several electronic transactions were alleged to be done by the accused persons from the informant's ATM card as well as from the cellphone of the informant's driver and as this petitioner is one of them who received money transferred from the cellphone of the informant's driver, where, petitioner is also involved in one other case and investigation is still going on, this Court is not inclined to grant bail to the

Patna High Court CR. MISC. No.44276 of 2024(3) dt.02-08-2024 3/3 petitioner.

7.

Accordingly, the prayer of bail of the petitioner is rejected herewith.

(Ramesh Chand Malviya, J) S.Katyayan/- U T