Patna High CourtCR. MISC./8944/2022bail granted

Harishankar Kumar @ Harishankar Kumar Yadav v. The State Of Bihar

2022-08-04Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8944 of 2022 Arising Out of PS. Case No.-156 Year-2021 Thana- ARWAL District- Jehanabad ====================================================== Harishankar Kumar @ Harishankar Kumar Yadav Son Of Mahesh Yadav Resident Of Village- Mahmadpur Tola Par, P.S.- Paliganj, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Sinha For the Opposite Party/s :

Mr.Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-08-2022 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in a case registered for the offence punishable under sections 307/379/34 and other ancillary sections of the Indian Penal Code.

All the FIR named accused persons including the petitioner and other 40 to 45 unknown persons came to the construction site of the informant and demanded Rs.5 lacs as protection money and on protest they assaulted the informant with butt of rifle. They also assaulted one Praveen Kumar by means of rod and khanti. Co-accused Anil Yadav took away golden chain of Rs.1.84 lacs.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this

Patna High Court CR. MISC. No.8944 of 2022(2) dt.04-08-2022 2/2 case. Occurrence took place due to dispute of work agreement between informant and the accused persons. There is general and omnibus allegation of assault and extortion against the petitioner and no specific overt act has been alleged against him. Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner mentioned above be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate Arwal in Arwal Police Station Case No. 156 of 2021, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashi/- U T