Khiro Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10239 of 2020 Arising Out of PS. Case No.-199 Year-2019 Thana- KATORIYA District- Banka ====================================================== KHIRO RAY S/o Kartik Ray Resident of Village- Telvanga, P.S.- Katoriya, Distt- Banka.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shyama Nand Thakur For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-03-2020 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,504,506,385 and 386 of the IPC.

The prosecution case as per the written report of Radhey Yadav submitted to the SHO, Katoriya Police Station is to the effect that the informant purchased 7 3⁄4 decimals land and on 23.10.2019 at 10.00 A.M. while he was constructing house on the said land, the petitioner along with three other co-accused

Patna High Court CR. MISC. No.10239 of 2020(2) dt.04-03-2020 2/3 came and started demanding extortion of Rupees Fifty Thousand. They abused the informant and the petitioner is alleged to have taken away Rupees Ten Thousand from the pocket of the informant.

It is submitted by learned counsel for the petitioner that in fact there was dispute between the parties with regard to the purchase of the said land earlier in point of time and in that background, the accusation has been levelled against the petitioners. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent. It is further submitted that for the alleged occurrence of 23.10.2019, the FIR has been registered on 25.10.2019. Learned APP submits that there is specific accusation against the petitioner in the FIR.

Considering the delayed lodging of the case and accusation being made in background of an earlier land dispute between the parties coupled with the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.10239 of 2020(2) dt.04-03-2020 3/3 the learned CJM, Banka in connection with Katoriya P.S. Case No. 199 of 2019 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U