Prince Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40630 of 2020 Arising Out of PS. Case No.-296 Year-2020 Thana- CHAINPUR District- Kaimur (Bhabua) ====================================================== Prince Kumar Singh Son Of Bhanu Pratap Singh R/O Village- Dulahi , P.S.- Chand, District- Kaimur At Bhabua ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Tribhuwan Narayan For the Opposite Party/s :
Mr. Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 02-11-2021 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. The petitioner apprehends his arrest in connection with Chainpur P.S. Case No. 296 of 2020 registered for offence punishable under Sections 341, 342, 323, 325, 307, 365, 386, 327, 504 and 506/34 of the Indian Penal Code. It has been alleged in the F.I.R filed by the informant that petitioner is running a gang of extortion and often extort money from the truckers and on the alleged date of occurrence while the informant was carrying cattle by his truck the petitioner blocked the road by Tata Safari bearing Registration No. JH22D0101 and, thereafter, kept the informant confined and assaulted him in order to extort money.
Learned counsel appearing on behalf of the petitioner
Patna High Court CR. MISC. No.40630 of 2020(3) dt.02-11-2021 2/3 submits that the petitioner has been implicated in a false case. Learned counsel further submits that the police in course of patrolling found dead animals in a mini truck and the vehicle of the petitioner in a damage position. Learned counsel further submits that he has specifically stated in paragraph no. 6 of the petition that prior to this case the police lodged Chainpur P.S. Case No. 295 of 2020 under Section 414 of the IPC and Section 11(D)(E)(F) of Animal Cruelty Act against the informant and truck cleaner which is Annexure-2 and 2(A) to the petition and accordingly, the truck was seized and seizure list was prepared. Learned counsel appearing on behalf of the petitioner further submits that the petitioner is accused in two other cases as stated in paragraph no. 3 of this petition in which he is already on anticipatory bail.
Considering the facts and circumstances of the case and perusal of the allegation made in F.I.R. relating to Chainpur P.S. Case No. 296 of 2020 and also considering the fact that the police has already filed an F.I.R before the present F.I.R in which informant of the F.I.R in question has been made accused in connection with Chainpur P.S. Case No. 295 of 2020 under Section 414 of the IPC and Section 11 (D)(E)(F) of Animal Cruelty Act. In the circumstances the enmity is obvious. I am of
Patna High Court CR. MISC. No.40630 of 2020(3) dt.02-11-2021 3/3 the opinion, petitioner has made out a case for anticipatory bail. Let the above named petitioner be released on bail, in the event of his arrest or surrender before the Court below within four weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate II, Kaimur at Bhabhua in connection with Chainpur P.S. Case No. 296 of 2020 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure, 1973. (Purnendu Singh, J) Niraj/- U T