Subhash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44586 of 2016 Arising Out of PS.Case No. -246 Year- 2016 Thana -PURNEA SADAR District- PURNIA ====================================================== Subhash Kumar son of Ramchandra Sah Resident of Village-Kaptan Path, P.S.-Sadar, District-Purnea .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s : Mr. Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-12-2016 Heard learned counsel for the petitioner as well as learned Addl. Public Prosecutor for the State.
Petitioner apprehends his arrest in connection with Sadar P.S. Case No.246 of 2016 for the offences registered under sections 147, 149, 323, 379, 384, 427, 504 and 506 of the Indian Penal Code.
17 persons including the petitioner are named in the first information report with allegation that they demanded extortion money from the informant and also cut bamboo trees from the field of the informant but submission on behalf of the petitioner is that there was land dispute between the co-accused Arjun Rishideo and one Awadh Kishore Singh and the aforesaid Arjun Rishideo and others filed Title Suit No.102 of 2013 against the aforesaid
Patna High Court Cr.Misc. No.44586 of 2016 (2) dt.02-12-2016 2/2 Awadh Kishore Singh and others which is evident from perusal of Annexure-4 and subsequently, the informant of the present case filed petition in the aforesaid Title Suit No.102 of 2013 under Order 1 Rule 10(2) of the C.P.C. and, as a matter of fact, the informant is not owner of the aforesaid lands. It is submitted that the present case has been brought by the informant with an intent to mount pressure upon the F.I.R. named accused Arjun Rishideo.
Considering the aforesaid facts and circumstances as well as submissions of the parties and also taking note of this fact that the petitioner does not have criminal antecedent, let the petitioner above named, in the event of arrest/ surrender within six weeks from the date of receipt of this order to the concerned court, be released on bail on furnishing bail bonds of Rs 10,000/- with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in Sadar P.S. Case no. 246 of 2016 subject to condition as laid down under section 438(2) of the Cr.P.C.
(Hemant Kumar Srivastava, J) N.H./- U T