Shankar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29576 of 2020 Arising Out of PS. Case No.-138 Year-2018 Thana- SUGAULI District- East Champaran ====================================================== SHANKAR PRASAD S/o Late Mohan Prasad @ Mohan Lal Sharraf Resident of Village-Sugauli Bajar, P.S.-Sugauli, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 12-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 427, 384, 504, 506, 34 of the Indian Penal Code. Prosecution case as lodged by the informant alleging there in that on the date of occurrence, the petitioner along with co-accused have broken the lock of his shop and put a new lock. In the morning, when the informant started enquiry from local people, petitioner came there with intention to commit mar-pit and began to abuse him and also demanded heavy money as extortion. When the informant asked the reason of demand then they told that you have purchased the land so give money as

Patna High Court CR. MISC. No.29576 of 2020(2) dt.12-01-2021 2/3 commission otherwise we will torture you. It is further alleged that the petitioner also claimed their dues amount, but the informant had already paid the money to the landlord and the said landlords have already given an application before the police and admit that they have received the full payment and thereafter executed sale-deed in favour of informant. It is submitted by learned counsel for the petitioner that petitioner is innocent and has been falsely implicated in this case. He submits that police has submitted final form against the petitioner. He submits that the learned court below on the basis of protest petition taken cognizance against the petitioner. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail petition. Learned APP for the State opposed the prayer for bail.

In the facts and circumstances of the case, the above named petitioner in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection

Patna High Court CR. MISC. No.29576 of 2020(2) dt.12-01-2021 3/3 with Sugauli P.S. Case No. 138 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) devendra/- U T