Jai Kishor Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61257 of 2022 Arising Out of PS. Case No.-378 Year-2021 Thana- MADHUBAN District- East Champaran ====================================================== JAI KISHOR KUMAR SON OF TILAK PRASAD R/O VILLAGEBAIRIYA, DAMODARPUR, P.S.- BANJARIA, DISTRICT- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 10-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in a case registered for the offence punishable u/s 387 of the IPC. Allegedly, from the Mobile No.9576595384, which belongs to the petitioner, demand of Rs.5 lakhs as extortion was made from the informant and he was threatened to be killed. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case at the instance of his enemies. No such occurrence, in the manner as alleged, has ever taken place. Petitioner is not named in the F.I.R. nor any incriminating article has been recovered from his conscious

Patna High Court CR. MISC. No.61257 of 2022(2) dt.10-01-2023 2/2 physical possession. During course of investigation, one Prince Kumar was apprehended, who confessed his guilt and told that the mobile had been stolen by him from the house of petitioner but name of petitioner transpired in this case as the owner of the said number. Petitioner has no criminal antecedent. Learned APP for the State opposed the prayer for bail by submitting that petitioner is the owner of the said mobile number and he has never lodged any complaint regarding theft of his mobile.

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

This application is accordingly, dismissed.

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