Baban Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5609 of 2022 Arising Out of PS. Case No.-355 Year-2021 Thana- TURKAULIYA District- East Champaran ====================================================== BABAN THAKUR S/O LATE SATYANARAIN THAKUR R/o villageRaghunathpur, Ward No. 04, P.S.- Raghunathpur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Md. Matloob Rab ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-06-2022 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Turkaulia (Banjariya) P.S. Case no. 355 of 2021 instituted for the offence under Sections 420, 467, 468, 471, 387, 506 and 34 of the Indian Penal Code.

As per allegation in the FIR, petitioner has put pressure upon the informant to sell a chunk of land in his favour on low cost which was refused by him then he purchased the said land from his full brother, who is mentally sick and after execution of the said sale deed, accused eprsons including the petitioner demanded Rs. 10 lac as ransom for leaving their claim upon the land and on non fulfillment of illegal demand, they made threatening of dire consequence.

Patna High Court CR. MISC. No.5609 of 2022(2) dt.16-06-2022 2/2 Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Petitioner is purchaseer of the land through registered sale deed on payment of consideration amount to vendor Chandrika Singh, who is rightful owner of the said land. The matter is purely civil in nature.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Turkaulia (Banjariya) P.S. Case no. 355 of 2021, he will be enlarged 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 learned Chief Judicial Magistrate, Motihari, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U