Shailendra Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32879 of 2016 Arising Out of PS.Case No. -14 Year- 2016 Thana -ALIPUR District- GAYA ======================================================
1. Shailendra Singh S/o Late Ramjatan Singh resident of village - Darhetta, P.S. Kurtha, District - Arwal .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner : Mr. Bhaskar Shankar For the Opposite Party : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2016 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending his arrest in connection with Alipur P.S. Case No. 14 of 2016 instituted for the offences punishable under Sections 386, 387, 388/34 of the Indian Penal Code and Section 17 of C.L.A. Act.
The prosecution case, in brief, is that some extremists have snatched the mobile phone from the possession of the informant and were always making demand of levy and also threatened for non-payment of levy amount.
It has been submitted on behalf of the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering of witnesses alleged against the
Patna High Court Cr.Misc. No.32879 of 2016 (2) dt.09-12-2016 2/2 petitioner. The name of the petitioner has come on the confessional statement of the co-accused. There is no substantive evidence to suggest his implication in the present case. On behalf of the State, it is submitted that the petitioner is named in the F.I.R. That apart from the present case, the petitioner is accused in as many as six cases. Considering the aforesaid facts and circumstances, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in connection with Alipur P.S. Case No. 14 of 2016, pending in the court of learned A.C.J.M.-VI, Gaya. Anyhow, if the petitioner surrenders in the court below, the same shall be considered on its own merit without being prejudiced by this order.
(Sudhir Singh, J) rohit/- U T