Lalla @ Amresh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.43313 of 2024 Arising Out of PS. Case No.-354 Year-2023 Thana- BIBHUTIPUR District- Samastipur ====================================================== Lalla @ Amresh Kumar SON OF ARUN RAY VILLAGE- KALYANPUR, WARD NO. 02, PS- BIBHUTIPUR, DIST- SAMASTIPUR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Shashi Bhushan Kumar, Advocate For the State :
Mr. Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-07-2024 Heard learned counsels for the parties.
2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 325, 307, 380, 384, 386, 504 and 506 of the Indian Penal Code.
3. As per prosecution case, on the alleged date and time of occurrence, all the accused persons named in the F.I.R., including this petitioner, came to the shop of informant and started abusing his father and demanded extortion of Rs. 50,000/-. It is further alleged that this petitioner, along with coaccused Raushan Kumar, put revolver on the back side of ear of father of informant and thereafter, co-accused Raushan Kumar and Priyanshu, assaulted father of informant and took away cash worth Rs. 30,000/- from box.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.43313 of 2024(2) dt.25-07-2024 2/2 behalf of the petitioner that from bare perusal of the F.I.R. it is apparent that specific accusation of assault is against other coaccused persons. So far as this petitioner is concerned, there is no accusation of overt act. Moreover, injuries sustained by the injured have been opined to be simple in nature. Petitioner claims clean antecedents.
5. Learned A.P.P. for the State has opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the aforesaid facts and circumstances, nature of accusation, nature of injuries sustained by the injured and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Samastipur, in connection with Bibhutipur P.S. Case No. 354 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T