Patna High CourtCR. MISC./86635/2023bail rejected

Rinku Gupta v. The State Of Bihar

2024-01-31Mr. Justice Anil Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86635 of 2023 Arising Out of PS. Case No.-315 Year-2023 Thana- CHHATAUNI District- East Champaran ====================================================== Rinku Gupta Son of Umashankar Sah @ Umashankar Gupta Resident of Village - New Agarwa,. P.S.- Town, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rashmi Jha, Adv Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 31-01-2024 Heard Ms. Rashmi Jha, learned counsel for the petitioner and Mr. Rabindra Kumar, learned APP for the State.

2. Petitioner apprehends his arrest in connection with Chhatauni PS Case No. 315 of 2023 dated 07.07.2023 registered for the offences punishable under Sections 147, 148, 341, 384, 504, 506 of the IPC and 25(1-b) 27 of the Arms Act.

3. As per prosecution case, petitioner along with other accused persons arrived at the door of informant, abused him, resorted to firing and demanded a sum of Rs. 5 Lacs as extortion money.

4. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to the fact that the petitioner is having criminal antecedent. She further submits that the informant is also having criminal record

Patna High Court CR. MISC. No.86635 of 2023(2) dt.31-01-2024 2/2 inasmuch as Chhatauni PS Case No. 320/2023 under the Arms Act has been lodged against the informant of this case. She next submits that no body can dare to demand extortion from the informant who himself is a criminal.

5. Having heard learned counsel for the parties, taking into consideration the fact that the petitioner is having eight criminal antecedents and two cartridges were also recovered from the place of occurrence, accordingly, I do not find any reason to differ with the findings of the learned 11th Additional Sessions Judge, East Champaran, Motihiar while rejecting anticipatory bail petition of the petitioner.

6. Accordingly, the prayer for anticipatory bail of the petitioner stands rejected.

(Anil Kumar Sinha, J) perwez U T