Vijay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45179 of 2024 Arising Out of PS. Case No.-146 Year-2018 Thana- KHAIRA District- Jamui ====================================================== Vijay Kumar Son of Laxman Yadav Resident of village - Hathiya, Police Station - Chandradeep, District - Jamui.
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Ruchi Mandal, Advocate.
:
Ms. Dimpal Kumari, Advocate.
For the Opposite Party/s :
Mr. Anil Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 24-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in connection with Khaira P.S. Case No.146 of 2018 instituted under Sections 341, 323, 384, 386, 387 & 34 of the Indian Penal Code and under Section 27 of Arms Act.
3. As per the prosecution case, from Mobile No.7484855988 there was demand of extortion of Rs.2,00,000/- on the Mobile of informant. It is further alleged that on 18.04.2018 during Tilak ceremony of the nephew of informant, the co-accused along with three other unknown persons stopped his motorcycle and assaulted him, thereafter snatched Rs.20,600/- from his pocket.
4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. She further submits that petitioner is not named accused
Patna High Court CR. MISC. No.45179 of 2024(2) dt.24-07-2024 2/2 person, however, during the course of investigation in the confessional statement of co-accused Rajiv Kumar Tanti, the name of petitioner transpired in this case. It is further submitted that except the confessional statement of co-accused, there is no material against the petitioner and the Mobile in question does not belong to the petitioner. She further submits that petitioner has no criminal antecedent and he undertakes to cooperate in the investigation.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Judicial Magistrate, First Class, Jamui in connection with Khaira P.S. Case No.146 of 2018, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973. (Sunil Dutta Mishra, J) Ritik/- U T