Harendra Kumar @ Harendra Kushwaha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49799 of 2023 Arising Out of PS. Case No.-64 Year-2020 Thana- MAIRWAN District- Siwan ====================================================== Harendra Kumar @ Harendra Kushwaha Son Of Ramanand Singh Resident Of Village- Shrinagar, Mairwa, Ps- Mairwa, Distt- Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyendra Rai, Advocate For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-10-2023 Heard Mr. Satyendra Rai, learned counsel for the petitioner and Mr. Brajendra Nath Pandey, learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Mairwa P.S. Case No. 64 of 2020, F.I.R. dated 26.02.2020 for the offences punishable under Sections 385 and 387 of the Indian Penal Code and Section 27 of the Arms Act.
3. According to prosecution case, this petitioner along with other accused person demanded Rs. 10 lakh as extortion money from the informant and threatened him for dire consequences.
4. Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. He further submits that the name of the petitioner
Patna High Court CR. MISC. No.49799 of 2023(3) dt.12-10-2023 2/2 has been transpired on the basis of the confessional statement of the co-accused, namely, Vishal Singh. He further submits that Vishal Singh has confessed his guilt and submits that the petitioner was also involved in the present occurrence.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner and submits that from perusal of the statement of Vishal Singh it appears that the petitioner had actively participated in the present crime in question and apart from that the petitioner carries 12 criminal antecedents other than the present one.
6. Considering the aforesaid facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner in connection with Mairwa P.S. Case No. 64 of 2020 pending in the court of Additional Chief Judicial Magistrate, VII, Siwan.
7. Prayer is refused.
(Rajesh Kumar Verma, J) Vanisha/- U T