Patna High CourtCR. MISC./44321/2016bail granted

Birendra Rai v. The State Of Bihar

2017-01-16Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44321 of 2016 Arising Out of PS.Case No. -200 Year- 2016 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Birendra Rai Son of Late Kailash Rai. Resident of Village- Turki Khararu, Dak Bangla, P.S. Minapur, District Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar, Advocate For the Opposite Party/s : Smt. Veena Rani Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-01-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Petitioner is languishing in custody for the offences punishable under Sections 341/323/379/384/427/34 of the Indian Penal Code.

Allegation against the petitioner is that he along with other criminal associates came to the shop of the informant and demanded ransom. During the course of loot the petitioner was apprehended at the spot.

Submission of the petitioner is that this false case is a counterblast of Minapur P.S. Case No.219 of 2016, which was lodged for the occurrence dated 14.08.2016 for the reason that informant of this case had some dispute with the tempo driver

Patna High Court Cr.Misc. No.44321 of 2016 (4) dt.16-01-2017 2/2 Sunil Kumar for payment of proper fare and Sunil Kumar was bitterly assaulted, he was hospitalized and his delayed statement was recorded by the police. The petitioner had gone to complain the aforesaid occurrence to the shop of the informant and the present false case was lodged. The petitioner has got no criminal antecedent.

Learned counsel for the informant opposed the prayer on the ground that there are very serious allegation of demand of ransom and commission of loot.

Considering the background of the allegation, which has been suppressed by the informant, let petitioner, above named, be enlarged on 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, Muzaffarpur/Successor Court, in connection with Minapur P.S. Case No. 200 of 2016.

(Birendra Kumar, J) Mkr./- U T