Shashi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31375 of 2020 Arising Out of PS. Case No.-86 Year-2017 Thana- CHAUSA District- Madhepura ====================================================== SHASHI KUMAR S/o Khantar Singh Resident of Village-Khoparia, P.S.- Chousa, District-Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Alok Kumar Singh For the Opposite Party/s :

Ms. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-12-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned A.P.P. for the State. This is an application for grant of anticipatory bail in connection with Chausa PS case no. 86 of 2017 registered for the offences punishable under Sections 387 and other allied sections of Indian Penal Code and 27 of Arms Act. The allegation is that the petitioner and three other co-accused persons are said to have arrived at the shop of the petitioner and had demanded a sum of Rs. 50,000/-, failing which they had threatened to set the shop of the informant on fire, however upon the son of the informant having denied to

Patna High Court CR. MISC. No.31375 of 2020(2) dt.23-12-2020 2/3 make the said payment, the petitioner and other co-accused persons had assaulted the son of the informant. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is having a clean antecedent. The learned counsel for the petitioner has further submitted that a general and omnibus allegation has been levelled against the petitioner and other co-accused persons, however the petitioner is not having any complicity in the alleged occurrence. Per contra, the learned APP for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the fact that a general and omnibus allegation has been levelled against the petitioner and the petitioner is having a clean antecedent, I deem it fit and appropriate to admit the petitioner to the privilege of anticipatory bail. Accordingly, the abovenamed petitioner, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/ production of a copy of this order, is directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with

Patna High Court CR. MISC. No.31375 of 2020(2) dt.23-12-2020 3/3 two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Chausa PS case no. 86 of 2017 subject to the conditions as laid down under Section 438(2) of Code of Criminal Procedure.

(Mohit Kumar Shah, J) rinkee/- U T