Md. Meraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70079 of 2022 Arising Out of PS. Case No.-162 Year-2022 Thana- BHAGWANPUR District- Vaishali ====================================================== MD. MERAJ S/o Late Md. Mumtaz @ Late Mumtaj Ahmad R/o VillageMurgiachak, P.S.- Bhagwanpur, Distt- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rupa Kumari For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 19-04-2023 Heard learned counsel for the petitioner as well as learned APP for the State.

In this case, the petitioner is seeking regular bail in connection with Bhagwanpur P.S. Case No. 162 of 2022, registered for the offences punishable under Sections 467, 414 of the Indian Penal Code and Section 25 (1-b)a, 26/35 of Arms Act.

As per allegation, when the police party was conducting random vehicle checking a Wagon-R vehicle and a motorcycle were stopped by the police. Three persons were present on the seat of the Wagon-R vehicle, whereas one person was laid down on the floor of the vehicle and his limbs were tied and mouth was gagged. All those three persons including

Patna High Court CR. MISC. No.70079 of 2022(3) dt.19-04-2023 2/3 the petitioner were arrested and the person whose hands and feet were tied disclosed that he was a businessman dealing in business of insecticides. After closing his shop he was going to his house by his motorcycle, the Wagon-R travelers dashed him and they forcibly got him seated in that vehicle. After traveling a long distance, they asked him to demand Rs. 50 lakhs as ransom from his family members but with the grace of god the police conducted vehicle search and he was saved. Some arms and ammunitions were recovered from possession of the petitioner. The learned counsel for the petitioner has submitted that he is innocent and has falsely been implicated in this case. As a matter of fact, he was traveling for some destination but the police implicated him. He has further submitted that though the investigation is going on, but up till now the statement of the victim has not been recorded. He is under custody since 06.07.2022.

On the other hand, the learned APP has opposed the prayer for bail and submitted that the petitioner is a person of criminal antecedents and he is also accused in a Mithanpura P.S. Case No. 48 of 2018 under Section 399, 402, 400 of IPC and Section 25 (1-b)a, 26/35 of the Arms Act and Bhagwanpur P.S. Case No. 111 of 2021 under Section 414 of the IPC and Section

Patna High Court CR. MISC. No.70079 of 2022(3) dt.19-04-2023 3/3 25 (1-b)a, 26/35 of Arms Act. The learned APP has also submitted that the petitioner was arrested at the spot and he is the member of organized gang indulged in the offense of kidnapping for ransom.

The petitioner in his confessional statement has confessed his guilt and furnished the vivid description of the occurrence.

Considering the above-mentioned facts and circumstances, I am not inclined to grant bail to the petitioner. Accordingly, it is rejected.

(Nawneet Kumar Pandey, J) SONALI/- U T