Parmanand Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10844 of 2023 Arising Out of PS. Case No.-192 Year-2022 Thana- VISHNUPAD District- Gaya ====================================================== Parmanand Kumar S/O Sri Triveni Prasad Resident of Village- Fatehpur Nepa, P.S.- Fatehpur, District- Gaya (Bihar), Driver of JCB bearing Serial No.- 1724510 ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Tiwary For the Opposite Party/s :
Mr.Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-04-2023 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 379, 323 and other allied sections of the Indian Penal Code. Prosecution case in brief is that all the FIR named accused persons including petitioner came along with JCB and started demolishing the boundary wall of the house of one Raj Mangal Prasad. When the caretaker of the said house Rajesh Sumit and Ram Lakhan protested, then the accused persons abused and assaulted them. Co-accused Naresh Yadav demanded ransom of Rs. 60,00,000/- and also threatened not to construct the house. It is further alleged that Naresh Yadav and others also stole the CCTV camera and other articles of the said
Patna High Court CR. MISC. No.10844 of 2023(2) dt.27-04-2023 2/2 house.
It is submitted that there is general and omnibus allegation. Specific allegation of demand of ransom is against other co-accused Naresh Yadav. Petitioner is driver of the said JCB. Similarly situated co-accused have been granted bail by this Court vide order dated 17.03.2023 passed in Cr. Misc. No. 75228 of 2022. Co-accused Naresh Yadav has also been granted anticipatory bail vide order dated 07.02.2023 passed in Cr. Misc. No. 4514 of 2023 by a coordinate Bench of this Court. Petitioner claims clean antecedent.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to 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 learned Judicial Magistrate Ist Class, Gaya in connection with Vishnu Pad P.S. Case No. 192 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T