Single judge order declining anticipatory bail to the petitioner in a PC case alleging assault and theft. Directions to surrender for regular bail.
Anticipatory bail rejected; petitioner directed to surrender to trial court within four weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6867 of 2017
Arising Out of PS.Case No. -141 Year- 2016 Thana -JANDAHA District- VAISHALI(HAJIPUR)
====================================================== Rupam Kumar, Son of Bharat Bhusan Singh, Resident of VillageBhagwanpur Dhadhua, P.S.- Jandaha, District- Vaishali. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER
3 03-07-2017 Heard leaned counsel for the petitioner and the leaned A.P.P. for the State.
The petitioner apprehend his arrest in connection with Jandaha P.S. Case No. 141 of 2016 registered under Sections 341, 323, 504, 506, 387 and 379/34 of the Indian Penal Code, pending in the court of the Chief Judicial Magistrate, Vaishali at Hajipur.
The accusation is that on 03.09.2016 at about 7.30 P.M. informant was returning from the factory, in the meanwhile, petitioner along with 3-4 unknown stopped him and asked as to why he has not paid Rs. 50,000/- as rangdari from the last six months. Thereafter, all the accused persons assaulted the informant with butt of the pistol. At that time, petitioner snatched
Patna High Court Cr.Misc. No.6867 of 2017 (3) dt.03-07-2017
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Rs. 1,00,000/- from the informant.
Learned counsel for the petitioner submits that petitioner is innocent and he has falsely been implicated in this case.
Having considered the facts and circumstances of the case and the nature of allegation against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accordingly, his prayer for grant of anticipatory bail stands rejected. The petitioner is directed to surrender before the trail Court within four weeks and pray for regular bail, which would be considered by the trial Court in accordance with law without being prejudiced by the order of this Court.
(Rajendra Kumar Mishra, J)
manish/-
U T
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner who apprehends arrest in connection with an FIR alleging riot and theft.
Whether the petitioner must surrender to the trial court to regular bail.
Rupam Kumar
The State of Bihar
Rajendra Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
