Sheshnath Bin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55028 of 2021 Arising Out of PS. Case No.-31 Year-2021 Thana- LAUKARIA District- West Champaran ====================================================== SHESHNATH BIN (M), aged about 45 years, Son of Jhakad Bin @ Jhakad Mukhiya, Resident of Village - Nayagaon, P.S. - Laukariya, District - West Champaran.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party :

Mr. Abhay Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2021 Learned counsel for the petitioner is directed to remove the defects, as pointed out by the office, within a period of eight weeks.

Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection with Laukariya P.S. Case No. 31 of 2021 for the offence registered under Sections 341, 183, 332, 353, 427, 504 and 506/34 of the I.P.C.

The prosecution story, in brief, is that while the informant being the Guard on Nakarakshi duty in the forest area, he found on 02.06.2021 at 4.40 P.M., that a Tractor loaded with sand was coming, when it was stopped by him then the

Patna High Court CR. MISC. No.55028 of 2021(2) dt.21-12-2021 2/3 driver started abusing and called his owner through phone, then Sheshnath Bin (petitioner) alongwith 20 unknown arrived there and started abusing and assaulting by means of fists and slaps, lathi, danda and also torn the uniform of the police and after entering into the Chowki, he tore the register relating to the forest material.

It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. It is further submitted that as per allegation, the petitioner and others assaulted the informant with fists and slaps, lathi and danda and torn the papers after entering into the Chowki but no injury is said to have been caused to the informant.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R. There are several criminal cases pending against the petitioner.

Considering the criminal antecedent against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. The same is rejected in connection with Laukariya P.S. Case No. 31 of 2021, pending in the court of learned A.C.J.M.-Ist, Bagaha, West Champaran.

Patna High Court CR. MISC. No.55028 of 2021(2) dt.21-12-2021 3/3 If the petitioner surrenders in the learned court below and prays for regular bail, the same shall be considered by the learned court below on its own merit without being prejudiced by this order of the Court.

(Sudhir Singh, J) U.K./- U T