Upendra Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46038 of 2016 Arising Out of PS.Case No. -748 Year- 2015 Thana -NAWADA District- NAWADA ====================================================== Upendra Sharma, son of Ram Chandra Sharma, resident of village Pachohiya, P.S. Town Nawadah (O.P. Kadirganj) district Nawadah .... Petitioner

Versus

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

For the Petitioner : Mr. Birendra Kumar, Adv. For the Opposite Party : Mr. Zainul Abedin, APP 196 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-10-2016 Heard the learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in Nawada Town (Kadirganj) P.S. Case No. 748 of 2015 under Sections 341, 323, 307, 379, 385 and 34 of the Indian Penal Code. The prosecution case is that co-accused, Awadhesh Prasad @ Awadhesh Mukhiya, demanded extortion of Rs.10,000/- from the informant on the eve of Dushehra. When the informant expressed his inability, then, Awadhesh Prasad pointed pistol on his head. In the meantime, the informant tried to flee away from the scene, but, was chased and brutally assaulted and the accused persons snatched Rs.5500/-, gold chain and ring and threatened that if Rs.10,000/- will not be paid within two days then the informant will be killed.

It is submitted by the learned counsel for the petitioner that the thrust of the allegation is against Awadhesh Prasad. The petitioner has clean antecedent and the statement in this regard has been made in paragraph 3 of the petition. Considering the facts and circumstances, the

Patna High Court Cr.Misc. No.46038 of 2016 (2) dt.22-10-2016 petitioner, above named, in the event of his arrest or surrender, within four weeks from the date of receipt of this order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Nawada Town (Kadirganj) P.S. Case No. 748 of 2015 to the satisfaction of the Chief Judicial Magistrate, Nawadah, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Dinesh Kumar Singh, J) SA/- U √ T √