← Library
Patna High CourtCR. MISC./61572/2017bail granted

Abhishek Kumar v. The State Of Bihar

2018-01-29Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61572 of 2017 Arising Out of PS. Case No.-464 Year-2017 Thana- JAHANABAD District- Jehanabad ====================================================== Abhishek Kumar S/o Mithilesh Sharma, R/o Village- Maniyama, P.S.- Kako in the District- Jehanabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sushant Kumar For the Opposite Party/s :

Mr. RAJKISHORE SINGH, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 29-01-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

This is an application for grant of anticipatory bail in connection with Jehanabad P.S. Case No. 464 of 2017 registered for the offence punishable under Sections 147, 148, 149, 307, 386, 394, 427, 452, 506, 504 of the Indian Penal Code and Section 27 of the Arms Act.

The allegation against the accused persons is regarding them approaching the hotel of the informant and demanding ransom from the owner of the hotel and on being denied the extortion money, they are said to have entered inside the hotel and had assaulted the Manager and owner of the hotel as well as one another person. It is further alleged that the said accused

Patna High Court Cr.Misc. No.61572 of 2017(4) dt.29-01-2018 2/3 persons had damaged the articles kept in the hotel as well as had fired from their arms.

Learned counsel for the petitioner submits that no such incident has taken place, there is no evidence of any gun shot being fired and furthermore the injury sustained by the owner of the hotel has been found to be simple in nature. It is further submitted that the Manager and the staff member have not received any injury inasmuch as there is no injury report regarding them on the record of the case. The petitioner herein is said to be a prestigious person and running a coaching centre having about one thousand students. The petitioner is also said to have a clean antecedent.

Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner above named, in the event of his arrest or surrender before the Court below within a period of six weeks from the date of receipt/production of a copy of this order, on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rs. ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Judge-Icum-Addl. Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 464 of 2017 subject to the conditions as laid down under Section 438(2) of the Code of

Patna High Court Cr.Misc. No.61572 of 2017(4) dt.29-01-2018 3/3 Criminal Procedure.

(Mohit Kumar Shah, J) Pankaj/- U T