Jhulan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50552 of 2023 Arising Out of PS. Case No.-433 Year-2022 Thana- BIHAR District- Nalanda ====================================================== 1.

Jhulan Kumar Son Of Daso Yadav @ Dashrath Yadav Village Banauliya Ps Bihar District Nalanda 2.

Rahul Kumar Son Of Raja Ram Yadav @ Raja Ram Village Banauliya Ps Bihar District Nalanda ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Pramod Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 19-08-2023 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners, in the present case, are seeking prearrest bail in connection with Bihar P.S. Case No.433 of 2022 registered for the offences punishable under Section 364(a) of the Indian Penal Code. The petitioner no.1 has got two criminal antecedents whereas petitioner no.2 has got one criminal antecedent in which they are said to be on bail.

3. As per the prosecution story, the allegation against the petitioners is that they have involved in kidnapping of the son of the informant and also demanded ransom from the informant and threatened not to inform the police otherwise his son would be killed.

Patna High Court CR. MISC. No.50552 of 2023(2) dt.19-08-2023 2/2

4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. Learned counsel submits that the name of the petitioners has transpired in the confessional statement of the co-accused and no incriminating article has been recovered from their possession.

5. Learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

6. Having regard to the seriousness of the allegations and the criminal antecedent of the petitioners, this Court is not inclined to grant privilege of anticipatory bail to the petitioners. Their prayer is refused.

7. In case the petitioners surrender and pray for regular bail in the learned court below within a period of four weeks from today, their prayer for regular bail shall be considered on their own merit without being prejudiced by the order of this Court.

8. This application is dismissed.

(Rajeev Ranjan Prasad, J) arvind/- U T