Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10196 of 2020 Arising Out of PS. Case No.-89 Year-2019 Thana- AKBARNAGAR District- Bhagalpur ====================================================== 1.

MUKESH KUMAR Son of Hridaya Narayan Kunwar 2.

Munna Tiwary @ Mannu Tiwary Son of Arjun Tiwary both Resident of Village - Bhawnathpur, P.S.- Akbarnagar, District - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vikram Singh For the Opposite Party/s :

Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-06-2020 This case has been heard through video conferencing. Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 384/34 of the Indian Penal Code.

The prosecution case as lodged by the police personnel is that on secret information that petitioners used to extort from auto driver plying on the road, the police arrived there then he was saw two persons were soliciting the extortion money and on seeing the police party they escaped away from the scene of occurrence. On the basis of the aforesaid self statement, the police registered Akbarnagar P.S. case No. 89 of 2019 under

Patna High Court CR. MISC. No.10196 of 2020(2) dt.26-06-2020 2/2 Section 384/34 I.P.C.

It is submitted by learned counsel for the petitioners that they are innocent and have not committed any offence. He submits that petitioners have been implicated on suspicion on the basis of information given by the local people without any reason or any threat given by the petitioners at the time of occurrence and as such no case under Section 384 of IPC is made out. He submits that petitioners bears no criminal antecedent as stated in para-3 of the bail application. Considering the facts and circumstances of the case, let the above named petitioners 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.20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Additional Chief Judicial Magistrate, Bhagalpur in connection with Akbarnagar P.S. Case No. 89 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjani Kumar Sharan, J) devendra/- U T