Sunil Kumar @ Gora Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74590 of 2022 Arising Out of PS. Case No.-217 Year-2022 Thana- RAFIGANJ District- Aurangabad ====================================================== SUNIL KUMAR @ GORA THAKUR S/o Satendra Thakur R/o- Beur, P.S.- Rafiganj, District- Aurangabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Singh, Adv For the Opposite Party/s :

Mr. H.A. Khan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-03-2023 Heard the parties.

The petitioner apprehend his arrest in connection with Rafiganj P.S. Case No.217 of 2022, registered for the offence punishable under Sections 385, 386 of the Indian Penal Code. The prosecution story in short is that, the informant was construction a bridge from Keshipur to Pachariya on Madar River. One unknown person went there and handed over an envelope to the munshi of the informant. His munshi gave the same to the informant. On opening the said envelope, the informant found a letter therein over which Communist Party of India (Maoist) was written and levy was demanded by the said letter. The informant received a phone call from Amarjit, who threatened him to to stop the construction work if he fails to give levy to him.

Patna High Court CR. MISC. No.74590 of 2022(2) dt.28-03-2023 2/2 It is submitted by learned counsel for the petitioner that petitioner is quite innocent and have committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is not named in the FIR, he has been made accused in the present case only on the basis of confessional statement of co-accused. He further submits that no transaction of money took place nor any money was given tor taken as ransom by any person. Petitioner has no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail and submits that the petitioner is also involved in the present case.

Having regard to the facts and circumstances of the case as well as considering the nature of offence, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected. Accordingly, this application is dismissed.

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