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Patna High CourtCR. MISC./33474/2024allowed

Ajit Kumar @ Ravi Kumar v. The State Of Bihar

2024-05-16Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33474 of 2024 Arising Out of PS. Case No.-357 Year-2023 Thana- CHIRAIYA District- East Champaran ====================================================== 1.

Ajit Kumar @ Ravi Kumar Son of Hiralal Prasad Kushwaha Resident of Village- Ambariya, P.S-Shikarganj, Dist- East Champaran 2.

Chhotu Giri @ Chhotelal Giri @ Chhotelal Kumar Son of Ramesh Giri Resident of Village- Ambariya ,P.S- Shikarganj ,Dist- East Champaran ... ... Petitioner/s

Versus

The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Krishna Kant Singh For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2024 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have prayed for bail in a case instituted for the offence under Sections 147, 148, 149, 323, 324, 326, 307, 337, 338, 379, 387, 448, 504, 506 of the Indian Penal Code and Section 27 of the Arms Act.

3. As per allegation in the FIR, informant's son Arun Kumar is a contractor and several works of construction are going on. 14 named accused persons including the petitioner along with 50-60 unknown accused persons, who are member of MCC demanded an extortion money of Rs. 100000/- from the informant's son and they also threatened him of dire

Patna High Court CR. MISC. No.33474 of 2024(2) dt.16-05-2024 2/3 consequences. It is further alleged that on 23.7.2023 while his son was sitting with his friend, in the meantime, on order of coaccused Satish Katariya, accused Jay Prakash Kushwaha fired upon him causing injury to his friend Ganesh Kumar.

4. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. They are only members of the mob. Specific allegation of order giving is against Satish Katariya and of firing is against co-accused Jay prakash Kushwahi. General and omnibus allegations have been levelled against the petitioners. Similarly situated other accused person has already been enlarged on bail by this Court vide order dated 15.09.2023 passed in Cr. Misc. No. 61257 of 2023.Petitioners have got no criminal antecedent and both are languishing in judicial custody since 23.2.2024.

5. The application for bail is opposed by learned APP for the State and learned counsel for the informant.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two

Patna High Court CR. MISC. No.33474 of 2024(2) dt.16-05-2024 3/3 sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Sikrahana at Dhaka, East Champaran in connection with Chiraiya (Shikarganj) P.S. Case No. 357 of 2023.

(Sunil Kumar Panwar, J) sushma/- U