Raj Kumar @ Raj Kumar Sao v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4709 of 2020 Arising Out of PS. Case No.-176 Year-2019 Thana- PALIGANJ District- Patna ====================================================== RAJ KUMAR @ RAJ KUMAR SAO Son of Late Jamuna Sao @ Yamuna Sao Resident of Math Road, P.S.- Paliganj, Distt - Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mrigendra Pratap Singh, Adv.
For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-02-2020 Heard learned counsel for the petitioner, informant and learned APP for the State.
The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 385 and 387 of the Indian Penal Code.
The prosecution case as per the written report of Dilip Kumar submitted before the S.H.O., Paliganj is to the effect that on 27.05.2019, at 5.08 A.M., the informant received a phone call from an unknown number on his mobile phone demanding extortion amount of Rupees Five Lac otherwise he will be killed. It is further alleged that earlier also, the brother of the informant was shot at, when similar extortion was demanded,
Patna High Court CR. MISC. No.4709 of 2020(2) dt.29-02-2020 2/3 leading to registration of Paliganj P.S. Case No. 6 of 2019. Though the FIR was lodged against unknown, but petitioner's named subsequently transpired during investigation. It is submitted by learned counsel for the petitioner that the name of the petitioner sprang up on the confession of coaccused, Vikash Kumar and even assuming the accusation to be true, the case at best under Section 385 I.P.C. is made out, which is bailable. It is further submitted that though the petitioner is accused in one other case apart from the present case, but in that case he is on bail.
It is submitted by learned counsel for the informant that earlier also the extortion was demanded and the informant's brother received gunshot injury, leading to registration of Paliganj P.S. Case No. 6 of 2019 and in that case, the petitioner is also made an accused.
Considering the nature of accusation and the name of the petitioner sprang up on the basis of confessional statement of co-accused, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned
Patna High Court CR. MISC. No.4709 of 2020(2) dt.29-02-2020 3/3 SDJM, Danapur, in connection with Paliganj P.S. Case No.176 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T