Patna High CourtCR. MISC./46877/2016rejected

Ashok Kumar v. The State Of Bihar

2016-12-15Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46877 of 2016 Arising Out of PS.Case No. -95 Year- 2016 Thana -RAJIVNAGAR District- PATNA ====================================================== Ashok Kumar S/o Arvind Kumar Singh Resident of Old Sadaquat Asharam, Police Station- Patliputra, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Anita Kumari Singh, Adv. For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-12-2016 Heard both sides.

The petitioner apprehends his arrest in Rajiv Nagar P.S. Case No. 95/2016, registered for the offences punishable under Sections 385, 387, 506 and 34 of the Indian Penal Code. The informant named Mantu Sharma and Shambhu Sharma with 05 to 07 unknown persons and alleged that they demanded extortion.

Learned counsel for the petitioner submits that petitioner is not named in the F.I.R. and there is absolutely no evidence against the petitioner. During the course of investigation, the police inserted the name of petitioner only on the ground that petitioner has criminal antecedent.

Considering the facts aforesaid and the fact that

Patna High Court Cr.Misc. No.46877 of 2016 (2) dt.15-12-2016 2/2 petitioner has got criminal antecedent, I am not inclined to enlarge the petitioner above-named on anticipatory bail. Accordingly, the same is rejected.

If the petitioner surrenders in the court below within four weeks from the date of receipt/production of a copy of this order and prays for regular bail, learned court below shall consider prayer for regular bail of the petitioner taking into consideration that save and except criminal antecedent of the petitioner, as it is submitted that there is no material against the petitioner to show his involvement in the alleged occurrence and dispose of the bail petition on the same day.

(Prabhat Kumar Jha, J.) Vinita/- U T