Rajnish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11798 of 2024 Arising Out of PS. Case No.-33 Year-2023 Thana- BYPASS District- Patna ====================================================== 1.
Rajnish Kumar S/o Ravindra Prasad Sharma @ Ravindra Prasad R/o Village - Bedhna, P.O. - Barh, P.S. - Barh, District - Patna 2.
Rajeev Kumar S/o Ravinda Prasad Sharma @ Ravindra Prasad R/o Village - Bedhna, P.O. - Barh, P.S. - Barh, District - Patna 3.
Ravindra Prasad Sharma @ Ravindra Prasad S/o Ramashray Prasad Singh R/o Village - Bedhna, P.O. - Barh, P.S. - Barh, District - Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Rudra Deo, Advocate For the State :
Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 22-02-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 341, 323, 504, 506, 385, 384 and 34 of the Indian Penal Code.
3. As per prosecution case, on 25.04.2022 at about 06:00 PM, these petitioners threatened the informant and demanded a sum of five lakh rupees by way of extortion and in the event of non-payment, they would not remove the illegal construction raised on the land of the informant.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.11798 of 2024(2) dt.22-02-2024 2/3 behalf of the petitioners that as a matter of fact, the informant and others broke the boundary wall of the land of the petitioners and forcefully tried to grab their lands. For the said occurrence, Bypass P.S. Case No. 144 of 2022 was filed earlier on 14.04.2022 against the informant and others and in retaliation of the same, the petitioners have falsely been implicated in this case. It is next submitted that F.I.R. has been lodged after delay of about nine months, without any explanation for the same. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail.
6. Considering the aforesaid facts and circumstances, delay in lodging of the F.I.R., case and counter-case and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners 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 A.C.J.M. VI, Patna City, Patna, in connection with Bypass P.S. Case No.33 of 2023, subject to condition as laid down under Section 438(2) of the
Patna High Court CR. MISC. No.11798 of 2024(2) dt.22-02-2024 3/3 Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T