Rakesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30408 of 2022 Arising Out of PS. Case No.-55 Year-2020 Thana- MAHKAR District- Gaya ====================================================== RAKESH KUMAR SON OF RAJDEO YADAV R/O- VILLAGE DIYAY P.S.- MAHKAR, DIST.- GAYA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Navin Kumar, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 18-11-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 447, 341, 342, 323, 307, 325, 386, 504, 506 and 34 of the Indian Penal Code. The informant alleges that he was constructing a road under PM Village Road Scheme, further, Rakesh, Pintu and Naresh demanded extortion of Rs. 2 lacs from his clerk and damaged the construction material and thus the work stopped for five months, thereafter, when the work resumed, Navin and Chintu came and assaulted Rahul and, thereafter, all workers fled away, as a result, material worth Rs. 5 lacs was wasted.

Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that from bare perusal of the

Patna High Court CR. MISC. No.30408 of 2022(2) dt.18-11-2022 2/2 allegation as alleged in the FIR, it would manifest that the informant alleges that the accused persons were demanding extortion, it is next submitted that since the informant was using sub-standard material as such the same was being opposed by the petitioners which led to the institution of the present false case when petitioner admittedly is a person with clean antecedent. It is next submitted that one co-accused Shyam Kishor has been granted anticipatory bail by order dated 4.02.2022 in Criminal Misc. No. 23910 of 2021. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahkar P.S. Case No. 55 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) HarshPandey/- U T