Ashish Bhardwaj @ Ashish Kumar Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13819 of 2020 Arising Out of PS. Case No.-1237 Year-2019 Thana- COMPLAINT CASE District- Araria ====================================================== ASHISH BHARDWAJ @ ASHISH KUMAR JHA Son of Sudhir Kumar Jha Resident of Village - Chatar, P.S.- Araria, Distt - Araria. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Hem Chandra Mishra son of Late Vishwanath Mishra Forest officer, Forest Department, Arraria P.S- Araria, District - Araria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ramesh Kumar Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-06-2020 Due to COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding.

The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 384, 504, 506 of the Indian Penal Code.

Allegedly, while the complainant was working at his office, two persons on a motorcycle came and demanded extortion from him and threatened that if their demand is not

Patna High Court CR. MISC. No.13819 of 2020(2) dt.26-06-2020 2/3 fulfilled, they will spread his vedeo and audio clip in social media.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. Earlier the petitioner had filed a complaint against the present complainant for his illegal activity which was being carried out in the forest area and for the said reason, in retaliation, the present Complaint Case has been filed with a mala fide intention.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case and also the lockdown, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Complaint Case No. 1237C of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall

Patna High Court CR. MISC. No.13819 of 2020(2) dt.26-06-2020 3/3 furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of seven weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T