Dhananjay Kumar @ Dhananjay Sah And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.4344 of 2016 Arising Out of PS.Case No. -88 Year- 2015 Thana -BELCHAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Dhananjay Kumar @ Dhananjay Sah Son of Ramanand Sah @ Rama Sah
2. Rama Sah @ Ramanand Sah Son of Ram Autar Sah
3. Sanjay Sah son of Ramchandar Sah
4. Raju Sah Son of Ramchandar Sah
5. Manjay Sah son of Ramchandar Sah .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7, Advocate For the Opposite Party/s : Mr. Kumar Veerendra Narayan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 01-02-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under sections 341/323/384/379/506/504/34 of the Indian Penal Code. Prosecution case is that on 15.11.2015 at 11 O' Clock while the informant was going to sell wheat after being purchased the same on bullock cart when accused persons stopped the informant and demanded Rs.50,000/- as extortion. Petitioner no.1 put country made pistol on the temporal of the informant and demanded extortion and on protest being made the petitioners and 15-20 unknown assaulted the informant and
Patna High Court Cr.Misc. No.4344 of 2016 (2) dt.01-02-2016 2/3 took away Rs.11,500/-. The informant informed his son through mobile when his son reached at the place of occurrence the accused persons also assaulted son of the informant and snatched Rs.11,000/- from him.
It is submitted by learned counsel for the petitioners that for the occurrence of 15.11.2015, the FIR was registered on 16.11.2015. In fact, the accusation has been levelled since the petitioners protested selling of grains in black-marketing by the informant being PDS dealer and on protest the road was blocked leading to registration of Balthar P.S. Case No.86/2015 on 15.11.2015 at 7.30 pm. During enquiry, the accusation made by the petitioners, has been found to be true. The accusation is omnibus and general against the petitioners.
Considering the case lodged by the police, suggesting the blocked of the road, on protest of transportation of grains at the behest of the informant, it is a case for consideration of prayer for regular bail.
Let the learned Court below consider the prayer for regular bail of the petitioners, preferably on the same day, if the petitioners surrender within a period of six weeks in connection with Balthar P.S. Case No.88/2015, pending before the learned CJM, Bettiah, West Champaran.
Patna High Court Cr.Misc. No.4344 of 2016 (2) dt.01-02-2016 3/3 With the above observation, this application is, accordingly, disposed off.
(Dinesh Kumar Singh, J) Ashwini/- U T