Roshan Kumar @ Roshan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44978 of 2024 Arising Out of PS. Case No.-161 Year-2023 Thana- PARBATTA District- Khagaria ====================================================== Roshan Kumar @ Roshan Yadav S/O Chhango Yadav R/O Village -Muradpur, P.S.-Parbatta,Distt- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Kishor Poddar, Advocate For the Opposite Party/s :

Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-07-2024 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Parbatta PS case no. 161 of 2023, disclosing offences punishable under Sections 341, 385, 386, 387, 504, 506, 120(B)/34 of the Indian Penal Code.

3.

The prosecution story, as per the First Information Report, is that the petitioner along with other accused persons pressurized the informant to enter into compromise in Parbatta PS case no. 145 of 2023, otherwise they would kill the entire family members of the informant. Co-accused Kunal Yadav demanded a ransom of Rs. 1,50,000/-, however the petitioner has demanded Rs. 55,000/- through the phone of co-accused Suman Jha.

Patna High Court CR. MISC. No.44978 of 2024(2) dt.24-07-2024 2/3 4.

Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case due to previous dispute between them. Learned counsel further submits that there is no direct allegation against the petitioner of demand of ransom amount, which would be evident from the F.I.R. itself, in which, it has been alleged that demand has been made on behalf of the petitioner by one co-accused Suman Jha. He also submits that in the previous F.I.R. lodged by the informant bearing Parbatta PS case no. 145 of 2023, petitioner has been granted anticipatory bail by a co-ordinate Bench of this Court vide order dated 20.07.2024, passed in Cr. Misc. no. 46544 of 2024.

5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the fact that in the connected case, petitioner has been granted anticipatory bail by a co-ordinate Bench of this Court, I am inclined to grant the privilege of anticipatory bail to the petitioner. 6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.44978 of 2024(2) dt.24-07-2024 3/3 satisfaction of learned Sub-Divisional Judicial Magistrate, Khagaria in connection with Parbatta PS case no. 161 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J) rinkee/- U T