← Library
Patna High CourtCR. MISC./37602/2022bail granted

Manish Kumar v. The State Of Bihar

2022-12-01Mr. Justice Satyavrat Verma4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37602 of 2022 Arising Out of PS. Case No.-153 Year-2020 Thana- BHELDI District- Saran ====================================================== MANISH KUMAR SON OF HARI SHANKAR PANDEY R/O- VILLSALKHUA, P.S.- AMNOUR, DIST.- SARAN AT CHAPRA ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 39636 of 2022 Arising Out of PS. Case No.-153 Year-2020 Thana- BHELDI District- Saran ====================================================== GAJENDRA KUMAR SON OF VIJAY PANDEY R/O VILLAGESALAKHUA, P.S.- AMNAUR, DISTRICT- SARAN AT CHAPRA ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 37602 of 2022) For the Petitioner/s :

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

Mr. Lalan Kumar, A.P.P.

(In CRIMINAL MISCELLANEOUS No. 39636 of 2022) For the Petitioner/s :

Mr. Nawal Kishore Singh, Advocate For the Opposite Party/s :

Mr. Tapeshwar Sharma, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 01-12-2022 CRIMINAL MISCELLANEOUS No.37602 of 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 341, 342, 323, 384, 385, 307, 506 and 34 of the Indian Penal Code and

2/4 Section 27 of the Arms Act.

The informant alleges that accused persons including the petitioner came to his shop and demanded extortion of Rs. 20,000/- on refusal, Vickey took out Rs. 12,000/- from the cash box and fired from his pistol.

Learned counsel for the petitioner submits that the 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 allegation as alleged in the F.I.R, it would manifest allegation of taking out money from the cash box is against Vickey and the allegation of the extortion is ornamental, it is next submitted even allegation of firing is ornamental as no one was injured and petitioner is a person with clean antecedent. 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

3/4 is pending/successor court in connection with Bheldi P.S. Case No. 153 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

CRIMINAL MISCELLANEOUS No. 39636 of 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 341, 342, 323, 384, 385, 307, 506 and 34 of the Indian Penal Code and Section 27 of the Arms Act.

The informant alleges that accused persons including the petitioner came to his shop and demanded extortion of Rs. 20,000/- on refusal, Vickey took out Rs. 12,000/- from the cash box and fired from his pistol.

Learned counsel for the petitioner submits that the 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 allegation as alleged in the F.I.R, it would manifest allegation of taking out money from the cash box is against Vickey and the allegation of the extortion is ornamental, it is next submitted even allegation of firing is ornamental as no one was injured and petitioner is a person with clean antecedent.

4/4 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 Bheldi P.S. Case No. 153 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) GauravSinha/- U T