Dhiraj Kumar Das @ Dhiraj Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21327 of 2019 Arising Out of PS. Case No.-493 Year-2018 Thana- BARH District- Patna ====================================================== DHIRAJ KUMAR DAS @ DHIRAJ DAS Son of Arjun Das @ Arjun Paswan Resident of Village - Bichli Malahi, P.S.- Barh, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2019 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 447 and 342/34 of the IPC and Section 27 of the Arms Act.

The prosecution case as per the written report of Rajmati Devi dated 11.12.2018 submitted to the SHO, Barh Police Station is to the effect that on 10.12.2018 while the informant was taking meal at her verandah, the petitioner came along with 7-8 persons and resorted to fire two-three rounds. Thereafter a demand of Rupees Two Lacs was made and in case of nonfulfillment of the same, the informant was threatened to the effect that her son will be killed.

It is submitted by learned counsel for the petitioner that on the arrival of the police, used cartridges were recovered from the

Patna High Court CR. MISC. No.21327 of 2019(2) dt.12-04-2019 2/2 place of occurrence. It is further submitted that in the background of old enmity, accusation has been levelled. Moreover, none has received any injury. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that there is specific accusation of firing against the petitioner.

Considering the fact that none has received injury and the statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Barh, Patna in connection with Barh P.S. Case No.493 of 2018 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U