Anurag Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49146 of 2023 Arising Out of PS. Case No.-6 Year-2017 Thana- MAGADH MEDICAL COLLEGE DistrictGaya ====================================================== Anurag Singh S/O Harinandan Singh R/O Village- Hario, P.S- Magadh Medical, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vijay Kumar For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in Magadh Medical P.S. Case No. 06 of 2017 registered for the offences punishable under Sections 147, 384, 506, 427, 34 of the Indian Penal Code pending in the Court of learned A.C.J.M. II, Gaya.

3. As per the prosecution case, the informant had purchased a piece of land, when he was standing on his land then the petitioner along with other co-accused persons, armed with deadly weapon, arrived there and demanded ransom of Rs. 4 lakhs and in case of non-fulfillment of Rangdari demand, they threatened of dire consequences. Further, they also damaged the boundary wall of the informant.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.49146 of 2023(4) dt.18-12-2023 2/2 the petitioner is innocent and has falsely been implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He submits that earlier the F.I.R. was lodged under Sections 147, 384, 506, 427/34 of the I.P.C., but in para-32 of the case diary, the I.O. of the present case has found the case true under Sections 385, 506, 427/34 of the I.P.C., which are bailable in nature. The petitioner has two criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of case, I am not inclined to enlarge the petitioner on anticipatory bail. The prayer for anticipatory bail of the petitioner is hereby rejected.

7. However, if the charge-sheet is submitted under Section 384 of the I.P.C., then the petitioner shall be at liberty to move again for anticipatory bail without being prejudiced by this order.

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