Monu Choudhary @ Monu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20222 of 2019 Arising Out of PS. Case No.-190 Year-2018 Thana- PATNA GRP CASE District- Patna ====================================================== 1.
Monu Choudhary @ Monu Kumar, Son of Sri SachaBabu, Resident of Gate No.14, Near College of Commerce, Old Kankarbagh Road, P.S.- Patrakar Nagar, District- Patna.
2.
Sintu Kumar, Son of Sri Shiv Prasad Yadav, Resident of Gate No. 15, Near College of Commerce, Old Kankarbagh Road, P.S.- Patrakar Nagar, DistrictPatna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ashok Kumar Singh For the Opposite Party/s :
Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-04-2019 Heard learned Counsels for the petitioners and learned APP for the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 384, 385, 504, 506 and 379 of the Indian Penal Code. The prosecution case as per the written report of Vijay Shankar, being the manager of the Rajendra Nagar Terminal Vehicle Parking submitted to SHO, Rail Police Station Patna Junction (Rajendra Nagar) is to the effect that on 16.06.2018 at about 8.00 P.M., a car was exiting from the parking area, when the staff of the informant demanded parking charge, then he said that he is the man of one Satendra Yadav and will not give the
Patna High Court CR. MISC. No.20222 of 2019(2) dt.12-04-2019 2/3 parking charge. It is further alleged that on 17.06.2018 at about 10.30 A.M., co-accused Satendra Yadav, Chandan Kumar and the petitioners along with 20-25 unknown persons came to the office of the informant and said him not to take any parking charge from their vehicles. Thereafter, co-accused Satendra Yadav demanded extortion money of Rs.50,000/-. On protest being made, they assaulted the informant and other staffs also and also took away Rs.35,000/- from the locker and Rs.6,000/- which was collected as parking charge that day. It is submitted by learned counsel for the petitioners that thrust of accusation is against co-accused Satendra Yadav and there is no specific accusation against the petitioners. A statement has been made in paragraph no. 3 of the petition that the petitioners are not having any criminal antecedent. It is submitted by learned APP for the State that the petitioners are named in the FIR.
Considering the fact that thrust of accusation is against co-accused Satendra Yadav, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of
Patna High Court CR. MISC. No.20222 of 2019(2) dt.12-04-2019 3/3 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Railway Judicial Magistrate, Patna Junction, Patna in connection with Rail P.S. Patna Junction (Rajendra Nagar) Case No.190 of 2018, G.R. No.244 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Deepak/Rahul/- U T