Chhotelal @ Diwakar Singh @ Dhiraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14908 of 2018 Arising Out of PS.Case No. -366 Year- 2017 Thana -WAJIRGANJ District- GAYA ======================================================

1. Chhotelal @ Diwakar Singh @ Dhiraj Kumar S/o Bhim Singh, R/o Village- Bajoul, P.S.- Wazirganj, District- Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Sr. Adv. Mr. Laxmi Kant Sharma, Adv.

For the Opposite Party/s : Mr. Sri Rajendra Prasad Nat For Informant : Mr. Rashid Izhar, Adv. Mr. Sharad Shekhar, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-04-2018 The petitioner is apprehending his arrest in connection with Wazirganj P.S. Case No. 366 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 325, 307, 364 and 379 of the Indian Penal Code.

Allegation against the petitioner and others is of demand of extortion from the informant and on non fulfillment of the said demand they kidnapped him and assaulted him causing injuries to him and there is further allegation of snatching away Rs. 12,000/- and a golden chain.

It has been submitted by learned Senior Counsel, appearing on behalf of petitioner that no specific allegation has been levelled rather only general and omnibus allegation has been

Patna High Court Cr.Misc. No.14908 of 2018 (3) dt.24-04-2018 2/2 levelled and the story of demand of extortion has not been found true and allegation of taking away Rs. 12,000 and a golden chain is ornamental in nature. It has further been submitted that the injury report was not available till 28.08.2017 though the case has been lodged on 10.08.2017.

Heard learned A.P.P. as well as learned counsel for the informant, they have opposed the prayer for bail on the ground that the informant was kidnapped and was brutally assaulted by the petitioner and others and the injuries sustained by him was found to be dangerous to life.

Having heard both sides, considering the facts and circumstances of the case and nature of allegation, I am not inclined to grant the privilege of anticipatory bail to the petitioner. This application is, accordingly, dismissed. The petitioner, if so desire may surrender before the court below and pray for regular bail, which will be considered by the court below on the merit of the case, without being prejudiced by the order of this Court.

(Vinod Kumar Sinha, J) sunil/- U T