Amit Kumar Verma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10102 of 2024 Arising Out of PS. Case No.-308 Year-2023 Thana- GAYA KOTWALI District- Gaya ====================================================== 1.
Amit Kumar Verma son of Gauri Shankar Prasad Moh- Fatenganj PsKotwali Dist- Gaya 2.
Gautam Kumar Verma son of Gauri Shankar Prasad Moh- Fatenganj PsKotwali Dist- Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Umesh Prasad Moh- Bairagi Station Road Gaya Ps- Delha Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Praveen Kumar, Advocate For the Opposite Party/s :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-07-2024 Heard learned counsel for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 323, 379, 385, 504, 406, 420, 506, 120(B) and 34 of the Indian Penal Code.
3. As per the prosecution case, despite receiving consideration money, petitioners allegedly refused to execute sale deed of the shop in favour of informant for which they had paid part consideration money pursuant to agreement. It is further alleged that on 28.04.2023, when the informant was taking out his goods from the shop, all the F.I.R. named accused persons including these petitioners along with 5-6 unknown persons armed with hockey sticks came there and demanded ransom of Rs. 20 lakhs and threatened to kill.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.10102 of 2024(6) dt.08-07-2024 2/3 from perusal of the F.I.R., it is apparent that it was co-accused Satish Kumar Gupta, who received the consideration money and entered into an agreement with the informant and who is on bail. Petitioners have got no concern with the aforesaid agreement. Petitioners are running shop in the alleged building on the basis of agreement with co-accused Satish Kumar Gupta. As a matter of fact, the informant want the shop of these petitioners vacated. Hence, in order to pressurize the petitioners, this false and concocted case has been lodged. Petitioners have not received any single penny from the informant. Rest of the allegations are ornamental. Petitioners claim clean antecedent.
5. Learned A.P.P. for the State has opposed the bail petition.
6. Considering the aforesaid fact that specific allegation is against co-accused, Satish Kumar Gupta, who has already been granted bail by the Court below and petitioner has got clean antecedent, prayer for anticipatory bail of these petitioners is allowed. Let the above named petitioners, in the event of their arrest or surrender within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya, in connection with Kotwali
Patna High Court CR. MISC. No.10102 of 2024(6) dt.08-07-2024 3/3 P.S. Case No. 308 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) sanjeev/- U T