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Patna High CourtCR. MISC./48847/2018dismissed

Raj Kumar Mehta @ Ram Pukar Mehta @ Pukar Mehta v. The State Of Bihar

2018-08-29Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48847 of 2018 Arising Out of PS. Case No.-180 Year-2017 Thana- KUTUMBA District- Aurangabad ====================================================== Raj Kumar Mehta @ Ram Pukar Mehta @ Pukar Mehta , son of Maharaj Mehta, resident of village- Sama Parsa, P.S.- Mali, District- Aurangabad (Bihar).

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Bachan Jee Ojha, Adv.

For the Opposite Party/s :

Mr. Jai Narain Thakur, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 29-08-2018 Heard Sri Bachan Jee Ojha, learned counsel for the petitioner and Sri Jai Narain Thakur, learned Addl. Public Prosecutor.

The sole petitioner, who is in custody in Kutumba P.S. Case No.180 of 2017 registered for the offence under Sections 341, 436, 427, 379, 386, 387/34 of the Indian Penal Code and Section 27 of the Arms Act, has prayed for grant of bail. Learned counsel for the petitioner, by way of drawing my attention to the F.I.R., submits that F.I.R. appears not to be believable. He submits that the petitioner has been made accused by some unknown persons, otherwise it is not believable that accused persons after putting the vehicle on fire will disclose their names and ask for ransom. On the aforesaid

Patna High Court Cr.Misc. No.48847 of 2018(3) dt.29-08-2018 2/2 ground, learned counsel for the petitioner has prayed for bail. Besides hearing learned counsel for the parties, I have also perused the material on record. The statement made in paragraph-3 of the petition suggests that the petitioner is a habitual offender and he is accused in number of cases besides the present case. In the F.I.R., there is specific accusation, which suggests that the vehicle of the informant was intercepted and on the point of arms he was forced to come down from the vehicle as well as school going children were also forced to leave the vehicle and, thereafter, the vehicle was put on fire by sprinkling petrol.The informant was asked to convey the demand of huge amount from proprietor of school. His mobile was snatched.

Considering the facts and circumstances, I am of the opinion that it cannot be a case for grant of bail. The petition stands dismissed.

(Rakesh Kumar, J) nawalkrs/- U T