Bemishal Khurana v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48517 of 2023 Arising Out of PS. Case No.-697 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== BEMISHAL KHURANA S/O BIPIN BIHARI SINGH R/O Village- Gere, PS. Mufassil,Dist. Gaya ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Md. Murad Ashraf, Advocate For the Opposite Party/s :

Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and the learned Additional Public Prosecutor (for brevity 'APP') for the State.

2. The petitioner is apprehending his arrest in connection with Mofassil P.S. Case No. 697/ 2022 registered for the offence punishable under Sections 386, 387, 341, 324, 504 and 34 of the Indian Penal Code (for brevity 'IPC').

3. There is allegation against the petitioner that he has demanded ransom and threatened the informant.

4. Learned counsel for the petitioner submits that the informant and the petitioner are both engaged in the business of 'mines'. The prosecution has been lodged on confusion and misconception. Realizing the mistake, informant has filed a joint compromise petition in the Trial Court (Annexure- 2). Petitioner

Patna High Court CR. MISC. No.48517 of 2023(3) dt.16-10-2023 2/3 is stated to be man of clean antecedents.

5. Learned APP for the State has opposed the prayer for anticipatory bail.

6. Having regard to the submissions advanced by the petitioner's counsel, nature of allegations, clean antecedents of the petitioner and joint compromise petition, this Court is inclined to allow petitioner's prayer for grant of anticipatory bail.

7. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Gaya, in connection with Mufassil P.S. Case No. 697/2022, subject to the following conditions: (i) That one of the bailors of each of the petitioner will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner concerned. The bailors will also undertake to inform the court if there is any change in the address of the petitioner.

(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bonds will be

Patna High Court CR. MISC. No.48517 of 2023(3) dt.16-10-2023 3/3 liable to be cancelled.

(Madhuresh Prasad, J) Raj kishore/- U T