Abhishekh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11551 of 2017 Arising Out of PS.Case No. -478 Year- 2016 Thana -BETTIAH CITY DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Abhishekh Rai, Son of Ashok Rai, Resident of Mohalla- Station Chowk, Police Station- Bettiah Town, District- West Champaran. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-08-2017 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bettiah Town P.S. Case No. 478 of 2016, registered under Sections 341, 323, 363 and 387/34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Bettiah, West Champaran.

The allegation of informant Vishal Rai is that on 29.08.2016, he was going to meet his aunt (Bua) in the meantime, two persons came and on the point of pistol took him to the house of petitioner. Later on, petitioner came and caused injury at his nose saying that why he has not helped him in election of Mukhiya. Thereafter, petitioner called some persons denoting their names as K.P. Singh, Nawneet Tiwary, Tiwary etc. and

Patna High Court Cr.Misc. No.11551 of 2017 (5) dt.11-08-2017 2/2 ordered them to assault the informant and petitioner was making video of said scuffle with a view to spread the said video in the business community for demanding the ransom.

Learned counsel for the petitioner submits that, in fact, Bua of the informant is the aunt of the petitioner and petitioner and Bua of the informant residing in the same house and due to election rivalry, this false case has been lodged. Further submission is that in the case diary, which is upto paragraph 38, no any injury report has been detailed by the I.O, which is said to be sustained by the informant. It appears to paragraph 3 of petition that petitioner has criminal antecedents. Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.

(Rajendra Kumar Mishra, J) manish/- U T