Patna High CourtCR. MISC./51705/2018dismissed

Nikki Singh @ Nikhilesh Singh v. The State Of Bihar

2018-09-20Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51705 of 2018 Arising Out of PS. Case No.-179 Year-2018 Thana- SAHPUR District- Bhojpur ====================================================== Nikki Singh @ Nikhlesh Singh S/o Arun Singh, R/o Vill.- Khajuria, O.P.- Gajrajganj, P.S.- Udawantnagar. At present adopted son of Balram Singh, R/o Vill. + P.S.- Shahpur, District- Bhojpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-09-2018 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Shahpur P.S. Case No. 179 of 2018 dated 17.06.2018 instituted under Sections 307, 386 and 387 of the Indian Penal Code and 27 of the Arms Act.

3. The allegation against the petitioner, one other named co-accused and three unknown, is of demanding extortion and thereafter of assaulting and further of firing in the air.

4. Learned counsel for the petitioner submitted that the petitioner has been falsely implicated due to the fact that he is a known person in the locality and the Chaukidar has taken his name. It was further submitted that no independent person has either identified the petitioner or has signed on the seizure list.

Patna High Court Cr.Misc. No.51705 of 2018 dt.20-09-2018 2/2

5. Learned APP submitted that the petitioner, besides having criminal antecedent, has been identified by the Chaukidar from the CCTV footage of an independent agency.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, the Court is not inclined to enlarge the petitioner on anticipatory bail.

7. Accordingly, the application stands dismissed.

8. However, in the event the petitioner surrenders and prays for regular bail before the court below within four weeks from today, the same shall be considered on its own merits, in accordance with law, without being prejudiced by the present order.

(Ahsanuddin Amanullah, J) sujit/- AFR/NAFR CAV DATE Uploading Date Transmission Date