Md. Ekbal Ahmad @ Md. Lal @ Lal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18357 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana -KOTWALI District- MUNGER ======================================================

1. MD. EKBAL AHMAD @ MD. LAL @ LAL Son of Md. Ali Ahmad@Quishar All Resident of Mohalla- Topkhana Bazar, Police Station Kotwali, district Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Gopesh Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 28-04-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 385, 387, 504, 506, 34 of the Indian Penal Code.

The prosecution case is that the petitioner along with Md. Raja and 5-6 unknown came variously armed at the shop of the informant and demanded extortion of Rs. 1000/- per month and gave threatening to close the shop if extortion money is not paid. It is also alleged that on 12.02.2016 at about 12:00 A.M the petitioner and others again came and demanded extortion money and on refusal they threatened to kill by exploding bomb.

It is submitted by learned counsel for the petitioner that even assuming the accusation, no offence under Section 385 I.P.C is made out against the petitioner. A statement has been made in para 3 of the

Patna High Court Cr.Misc. No.18357 of 2016 (2) dt.28-04-2016 2/2 petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger in connection with Munger Kotwali P.S. Case No. 47 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner will be accepted on filing affidavit to the effect that petitioner will cooperate in the investigation.

Non-cooperation in the investigation will give liberty to the prosecution to file appropriate application for cancellation of bail of the petitioner. (Dinesh Kumar Singh, J) Shageer/- U T