Ashutosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58393 of 2022 Arising Out of PS. Case No.-485 Year-2020 Thana- SIWAN CITY District- Siwan ====================================================== ASHUTOSH SINGH Son of Late Lalan Singh Resident of Mohalla - Fatehpur, Near Durga Mandir, P.S.- Siwan Town, District - Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sumit Shekhar Pandey For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-12-2022 Heard the parties.

The petitioner apprehends his arrest in connection with Siwan Town P.S. Case No.485 of 2020, registered for the offence punishable under Sections 419/420/387/504/506/34 of the Indian Penal Code.

Allegedly, the informant alongwith her husband went to purchase motorcycle from the showroom of the petitioner, where the petitioner alongwith others misbehaved and intimidated the informant and her husband.

It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He is not named in the FIR and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. He further submits that

Patna High Court CR. MISC. No.58393 of 2022(2) dt.22-12-2022 2/2 the witnesses in the case diary have supported the prosecution case, but from the facts and statement of witnesses in the case diary prima facie there is no material for the offence u/s 419, 420 and 387 IPC, other alleged sections are bailable in nature. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail.

Having regard to the facts and circumstances of the case, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. This application is accordingly dismissed.

However, petitioner is directed to surrender before the learned Court below within six weeks from today and seek regular bail and the learned Court below would pass order, in accordance with law.

(Anjani Kumar Sharan, J) shikha/- U T