Sarvesh Chaudhary @ Sarvesh Kumar Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15764 of 2019 Arising Out of PS. Case No.-250 Year-2018 Thana- VAISHALI District- Vaishali ====================================================== Sarvesh Chaudhary @ Sarvesh Kumar Chaudhary, Son of Late Suryadev Chaudhary Resident of Village - Madhopur Ram, Panchayat - Mataiyan, P.S.- Vaishali, O.P. - Belsar, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Sinha For the Opposite Party/s :

Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341, 323, 385, 379, 504 and 506/34 of the IPC.

The prosecution case, as per the written report of Bhuneshwar Chaudhary, dated 20.09.2018, submitted to the Station House Officer, Vaishali Police Station, is to the effect that on 17.09.2018 at about 7.30 P.M., the while the informant was coming home, the petitioner along two unknown persons made the vehicle of the informant stop and started assaulting the

Patna High Court CR. MISC. No.15764 of 2019(2) dt.15-03-2019 2/3 informant with fists and slaps, demanded extortion of Rs. 50,000/- and snatched Rs. 5,000/- from the pocket of the informant. The accused persons also threatened the informant. It is submitted by learned counsel for the petitioner that the informant is the Surpanch and due to village politics, the petitioner has been roped in the present case. It is further submitted that for the alleged occurrence of 17.09.2018, the FIR has been lodged on 20.09.2018. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR with specific accusation.

Considering the nature of accusation and delayed lodging of the case, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 250 of 2018, subject to the condition

Patna High Court CR. MISC. No.15764 of 2019(2) dt.15-03-2019 3/3 as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T