Kaushal Yadav @ Kaushal Kishore v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54718 of 2022 Arising Out of PS. Case No.-65 Year-2022 Thana- LAKHISARAI District- Lakhisarai ====================================================== Kaushal Yadav @ Kaushal Kishore S/o Late Bimal Yadav @ Kumar Vimal Singh Yadav R/o village- Kawaiya, P.S.- Kawaiya, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binay Kumar For the Opposite Party/s :

Mr.Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned A.P.P for the State through video conferencing. The petitioner apprehends his arrest in Lakhisarai (Kawaiya) P.S. Case No. 65 of 2022, registered for the offence punishable under Sections 363, 365, 386/34 of the Indian Penal Code and sections 25(1-b)a, 26(i) and 35 of the Arms Act and sections 37(b)(c) of the Bihar Prohibition and Excise Act. As per the prosecution case, this petitioner along with other FIR named accused persons surrounded the informant and on the point of pistol demanded Rs. 20 lakhs as ransom. It is further alleged that they snatched cash, mobile and ornaments from possession of the informant. At the time of occurrence these petitioners were in inebriated condition. It is submitted that petitioner has been made accused

Patna High Court CR. MISC. No.54718 of 2022(2) dt.18-11-2022 2/2 in this case only on suspicion. No incriminating article has been recovered from conscious possession of this petitioner. Counsel for the State vehemently opposed the bail application and submitted that there is specific allegation against this petitioner that he along with other co-accused persons demanded rangdari and snatched cash, mobile and ornaments. Moreover, petitioner has got two criminal antecedents, out of which one case is related to Excise Act.

Considering the fact aforesaid and the fact that petitioner has got criminal antecedent of similar nature, I am not inclined to enlarge the petitioner above-named on anticipatory bail.

(Prabhat Kumar Singh, J) vinita/- U T