Raushan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45134 of 2023 Arising Out of PS. Case No.-389 Year-2015 Thana- MOTIHARI TOWN District- East Champaran ====================================================== RAUSHAN SINGH SON OF RAMSRIJAN SINGH RESIDENT OF VILLAGE- HAJIPUR, KESARIYA, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Babu Singh, Adv.

For the Opposite Party/s :

Mr.Md. Shakir Ahmad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 23-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 365 of the Indian Penal Code.

3. Allegedly, petitioner is said to have kidnapped the informant's Munshi, namely, Ram Surat Nishad.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to enmity. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The real fact is that the petitioner was doing service in the firm of the informant and due to some dispute

Patna High Court CR. MISC. No.45134 of 2023(2) dt.23-08-2023 2/2 regarding dues salary, the present case has been lodged by the informant. He further submits that petitioner had been residing in Gujarat since long and had no knowledge about the present case, but as he came to know about the same, he filed application for grant of anticipatory bail. Petitioner has no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for bail and submits that petitioner talked several times with the informant's Munshi before his disappearance and since then he is traceless. He furthers submits that the fact that petitioner had no knowledge about the present case is totally false rather he had had full knowledge about the present case and for saving his skin from the present case, he fled away from Bihar to Gujarat.

6. Having regard to the facts and circumstances of the case and considering the nature of offence, I am not inclined to enlarge him on anticipatory bail.

(Anjani Kumar Sharan, J) divyanshi/- U T