Bhikhari Sah @ Bhikhari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.11873 of 2023 Arising Out of PS. Case No.-121 Year-2021 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.

Bhikhari Sah @ Bhikhari Kumar S/O Ram Badan Sah R/V- Pahsara, P.S.- Nawkothi, District- Begusarai 2.

Aniket Kumar @ Chhote Kumar @ Chhote S/O Sunil Singh R/V- Pahsara, P.S.- Nawkothi, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Jitendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-10-2023 Heard learned counsel for the petitioners and learned A.P.P appearing on behalf of the State. The petitioners are languishing in custody in a case registered for the offences punishable under Sections 147, 148, 149, 504, 506, 385, 387 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case as per F.I.R is that from the mobile, a demand of Rs. 2 lakhs as rangdari was made and when the same was refused, the petitioners along with other co-accused persons came at the house

Patna High Court CR. MISC. No.11873 of 2023(5) dt.16-10-2023 2/3 of the informant and in order to terrorize, firing has been made.

It is submitted by learned counsel for the petitioners that petitioners are innocent and they have falsely been implicated in this case. The petitioners and informant are known to each other and no injury has been suffered to any one apart from the fact that no delivery of any amount was made by the informant. The petitioners are languishing in custody since 04.10.2021. Moreover other similarly situated co-accused has been granted bail by a coordinate Bench of this Court vide order dated 26.04.2023 passed in Cr. Misc. No. 1615 of 2023.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.11873 of 2023(5) dt.16-10-2023 3/3 (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai in connection with Nawkothi P.S. Case No. 121 of 2021.

(Sunil Kumar Panwar, J) Shageer/- U T