Pawan Sardar And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13296 of 2019 Arising Out of PS. Case No.-251 Year-2018 Thana- KUMAR KHAND District- Madhepura ====================================================== 1.

Pawan Sardar son of Late Baleshwar Sardar 2.

Bhushan Sardar, Son of Arun Sardar 3.

Mukesh Sardar, Son of Arun Sardar, 4.

Suren Sardar, Son of Kankir Sardar, 5.

Biren Sardar, Son of Kankir Sardar, All are resident of Village-Bishanpur Bazar, P.S.-Kumarkhand, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 05-03-2019 Heard the parties.

The petitioners are apprehending their arrest in connection with Kumarkhand P.S.Case No.251 of 2018 registered for offences punishable under Sections 341, 323, 379, 385, 504, 34 of the Indian Penal Code.

Allegation against the petitioners and other accused persons is of demand of rangdari and due to fear the informant has given Rs.5,000/- and thereafter there is allegation of assault against the petitioner no.4 (Suren Sardar), petitioner no.3 (Mukesh Sardar) and petitioner no.2 (Bhushan Sardar). No case is made out under Section 307 of the IPC.

Patna High Court CR. MISC. No.13296 of 2019(2) dt.05-03-2019 2/2 Submission of the learned counsel for the petitioners is that the allegation is false and concocted. They have no criminal antecedent and the injuries are simple in nature. Heard learned A.P.P., who has opposed the prayer for bail. Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant anticipatory bail to the petitioners, however, the petitioner is directed to surrender before the learned court below within a period of six weeks from the date of order and make prayer for regular bail, which will be considered by the learned court below on its own merit without being prejudiced by the order of this Court.

With the aforesaid observation, this application is dismissed.

(Vinod Kumar Sinha, J) chn/- U T