Patna High CourtCR. MISC./71728/2018disposed

Ravi Choudhary @ Ravi Kumar Choudhary v. The State Of Bihar

2018-12-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71728 of 2018 Arising Out of PS. Case No.-20 Year-2018 Thana- BELHAR District- Banka ====================================================== Ravi Choudhary @ Ravi Kumar Choudhary, son of Ashok Choudhary, resident of Village- Chirouta, Police Station- Belhar, District- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Irshad For the Opposite Party/s :

Mr. Ajay Kumar-1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-12-2018 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 387 and 506/34 of the IPC.

The prosecution case as per the self statement of SI Gautam Budh, SHO of Belhar Police Station recorded on 31.1.2018 is to the effect that on 30.1.2018, during the course of night patrolling, a secret information was received that six accused persons including the petitioner, have been moving around the village and demanding extortion of Rupees Five Lacs from the contractor of a bridge, otherwise they will not allow the construction work to continue any further. It is submitted by learned counsel for the petitioner that even assuming the accusation to be true, at best, a case under

Patna High Court Cr.Misc. No.71728 of 2018(2) dt.20-12-2018 2/2 Section 385 of the IPC could be made out.

Considering the nature of accusation, this Court finds substance in the submission of learned counsel for the petitioner but since the petitioner has been convicted in one of the cases of Arms Act, this Court is not inclined to grant anticipatory bail to the petitioner. However, let the learned court below consider the prayer of the petitioner for regular bail in case the petitioner surrenders within four weeks in connection with Belhar P.S. Case No. 20 of 2018 pending in the Court of the learned ACJM III, Banka.

With the aforesaid observation/direction, this application is disposed of.

(Dinesh Kumar Singh, J) anil/- U