Patna High CourtCR. MISC./80456/2019dismissed

Sagar Kumar v. The State Of Bihar

2020-01-07Mr. Justice Ahsanuddin Amanullah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80456 of 2019 Arising Out of PS. Case No.-148 Year-2019 Thana- NALANDA District- Nalanda ====================================================== Sagar Kumar, Male aged about 25 years, S/O Prem Kumar, Both R/O VillageBrhamsthan, P.S- Laheri, District- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s :

Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 07-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends arrest in connection with Nalanda PS Case No.148 of 2019 dated 04.10.2019 instituted under Sections 25(1-b) a, 26 of the Arms Act.

3. The allegation against the petitioner and eight others is of being party to kidnapping of a person.

4. Learned counsel for the petitioner submitted that he was not caught at the spot and only because of enmity he has been named by the persons, who were caught at the spot, due to dispute relating to flow of dirty water in the locality.

5. Learned APP submitted that a person was kidnapped and recovered by the police and from there many

Patna High Court CR. MISC. No.80456 of 2019 dt.07-01-2020 2/2 persons had fled away and two were caught, who had taken the name of this petitioner. It was further submitted that the plea of false implication is falsified by the fact that the victim in his statement has also stated that the kidnappers while talking to each other had taken the name of the petitioner also.

6. Having considered 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, if the petitioner surrenders before the Court below and prays for bail, the same shall be considered on its own merit without being prejudiced by the present order. (Ahsanuddin Amanullah, J) J. Alam/- AFR/NAFR U T