Rajeev Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38123 of 2022 Arising Out of PS. Case No.-114 Year-2022 Thana- SOHSARAI District- Nalanda ====================================================== Rajeev Kumar Son of Birendar Singh Resident of village Baiulipar Mogalkuan, Post Maogalkuan, P.S. Laheri, Biharsariff, District Nalanda 803101.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Prashant Prakash For the Opposite Party/s :

Mr.Nagendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-11-2022 Heard both sides.

The petitioner apprehends his arrest in connection with Sohsarai P.S. Case No.114 of 2022, registered for the offences punishable under Sections 147, 149, 353, 386, 420, 504 and 506 of the Indian Penal Code.

The petitioner is said to have used force and pressure to get GST. It is also alleged that the petitioner went to the official residence of the informant along with 7-8 co-accused persons and threatened him.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner has got no criminal antecedents as stated in paragraph-3 of the bail application. It is further submitted that the petitioner has been made accused in the present case on the statement of the informant that he has used

Patna High Court CR. MISC. No.38123 of 2022(3) dt.03-11-2022 2/2 force and pressure to get GST, but the said statement and story is just to save his miscoduct and to divert the matter in controversy. It is further submitted that the informant could also take penal action under GST, but he opted to lodge an FIR. It is also submitted that the petitioner has also filed a complaint being Complaint Case No.37/2022 under Sections 161, 341, 323 of the Indian Penal Code and 3(I)(R)(S) of the SC/ST Act. Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the facts aforesaid, let petitioner, above named, 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 learned A.C.J.M.-IV, Biharsarif, Nalanda in connection with Sohsarai P.S. Case No.114 of 2022, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J) Sanjay/- U T