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Patna High CourtCR. MISC./787/2020bail granted

Kanahai Thakur @ Kanahaiya Thakur @ Kanhai Thakur v. The State Of Bihar

2020-01-21Mr. Justice Rajendra Kumar Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.787 of 2020 Arising Out of PS. Case No.-146 Year-2019 Thana- ISHAKCHAK District- Bhagalpur ====================================================== KANAHAI THAKUR @ KANAHAIYA THAKUR @ KANHAI THAKUR S/o Janardan Thakur @ Jaldhar Thakur Resident of Village- Bhikanpur, Gumti No.2, Near Railway Line, P.S.- Ishakchak, Distt- Bhagalpur. ... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Ranjan Kumar Jha, Advocate.

For the State :

Mr. Sanjay Kumar Tiwary, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 21-01-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Ishakchak P.S. Case No.146 of 2019 registered under Sections 504, 506, 385 and 386/34 of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that in the evening of 15.09.2019, the petitioner along with Ashutosh Kumar, Ajay Yadav and Deepak Sah came at the shop of the informant and took cold drink and cigarette but, on demand of money by the informant of the same, they did not pay the money and gave threatening. Thereafter, all, who were in drunken stage, went from there giving threatening. On 16.09.2019, Ajay Yadav along with two unknown boys came at the shop of the informant and made demand of ransom of Rs.25000/- from the

Patna High Court CR. MISC. No.787 of 2020(2) dt.21-01-2020 2/2 informant. When the informant made protest, then they made firing. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that the making demand of ransom from the informant and made firing is against Ajay Yadav and his two unknown associates. The specific allegation against the petitioner is that he along with the other F.I.R. named accused had come at the shop of the informant in drunken stage and took the cigarette and cold drink but on making the demand of price of the same by the informant, they did not pay the same and gave threatening. Thereafter, all went from there giving threatening to the informant. The petitioner has no criminal antecedent and is in custody since 13.10.2019.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhagalpur, in connection with Ishakchak P.S. Case No.146 of 2019.

(Rajendra Kumar Mishra, J) P.S./- U T