Jiya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.52310 of 2019 Arising Out of PS. Case No.-883 Year-2018 Thana- MOTIHARI TOWN District- East Champaran ====================================================== JIYA Son of Rambhu Sahni Resident of Mohalla - Gayatri Nagar, Motihari, P.S.- P.S.- Town Motihari, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-08-2019 Petitioner seeks bail in anticipation of his arrest in connection with Motihari Town P.S. Case No. 883 of 2018 registered for the offences punishable under Sections 341, 323, 325, 365, 379, 504 and 509/34 of the Indian Penal Code. Prosecution story is that accused persons, including the petitioner abducted the informant when he was returning from Bus stand to his house and co-accused Sachin Singh and Abhishek Rana assaulted him in order to kill him and there is also allegation of snatching of gold chain, mobile and cash from him.

Submission of learned counsel for the petitioner is that the whole case is false and concocted and due to rivalry he has been made accused and he has no criminal antecedent.

Patna High Court CR. MISC. No.52310 of 2019(2) dt.22-08-2019 2/2 Heard learned APP, who has opposed the prayer for anticipatory bail of the petitioner stating that impugned order shows that prosecution case has been supported by the witnesses during investigation and injury was found on the person of informant.

In view of above facts and circumstances, I am not inclined to grant the privilege of anticipatory bail to the petitioner. He may surrender and pray for regular bail, which shall be considered on its own merit, without being prejudiced by this order.

With the above observation, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U T