Girjanandan Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20513 of 2024 Arising Out of PS. Case No.-454 Year-2023 Thana- BELAGANJ District- Gaya ====================================================== 1.

Girjanandan Prasad Son of Late Kedar Prasad Resident of vill.-Jafra Tola, Nanhaku Bigha, P.S.-Belaganj, Distt.-Gaya 2.

Akhilesh Prasad Son of late Kedar Prasad Resident of vill.-Jafra Tola, Nanhaku Bigha, P.S.-Belaganj, Distt.-Gaya 3.

Kamlesh Prasad Son of late Kedar Prasad Resident of vill.-Jafra Tola, Nanhaku Bigha, P.S.-Belaganj, Distt.-Gaya 4.

Ravi Shankar Kumar @ Babua Son of Kamlesh Prasad Resident of vill.- Jafra Tola, Nanhaku Bigha, P.S.-Belaganj, Distt.-Gaya 5.

Santu Kumar @ Bhura Son of Kamlesh Prasad Resident of vill.-Jafra Tola, Nanhaku Bigha, P.S.-Belaganj, Distt.-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Sharma, Adv.

For the Opposite Party/s :

Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 16-04-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners are apprehending their arrest in a case in connection with Belaganj P.S. Case No. 454 of 2023 dated 13.07.2023 registered for the offences punishable u/ss 384, 386 read with section 34 of the Indian Penal Code.

3. As per the prosecution case, the informant and his family members purchased 2 acres 86 decimal land from the covillagers namely, Rajendra Prasad Singh and the mutation

Patna High Court CR. MISC. No.20513 of 2024(2) dt.16-04-2024 2/3 receipt was also made in their name. Thereafter, the petitioners demanded Rs. 20,00,000/- and threatened to kill him if he would cultivate the said land.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. There is a land dispute between the parties. The occurrence took place on 25.06.2023 but the F.I.R. was lodged on 13.07.2023 and there is no explanation for this delay. There is no specific allegation against the petitioners in the present case and the allegation is general and omnibus in nature. It is further submitted that it is civil dispute case. The petitioners have never demanded any money from the informant and they have no concern with the alleged offence. The petitioner nos. 1 and 2 have one criminal antecedent whereas the petitioner nos. 3 to 5 have no criminal antecedent as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation against the petitioners, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be

Patna High Court CR. MISC. No.20513 of 2024(2) dt.16-04-2024 3/3 enlarged on bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned court concerned, Gaya in connection with Belaganj P.S. Case No. 454 of 2023, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

7. This application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T