Jay Ram Prasad @ Jai Ram Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42831 of 2022 Arising Out of PS. Case No.-21 Year-2013 Thana- DELHA District- Gaya ====================================================== JAY RAM PRASAD @ JAI RAM PRASAD S/o Sri Ganauri Prasad @ Ganouri Prasad R/o Mohalla- Kujapi, P.S.- Chandauti, District- Gaya, Presently posted as Anchal Amin in the Office of Circle officer, Sonbhadra Banshi Suryapur Anchal, Arwal ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shailesh Kumar, Adv.
For the Opposite Party/s :
Mr.Syed Ehteshamuddin. APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 29-11-2022 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner is directed to remove the defects within four weeks.
Petitioner apprehends his arrest in a case registered for offence punishable u/s 385, 467, 468, 477(A)/34 of the IPC. Allegedly, the informant purchased holding no. 45/48 alongwith certain land situated in Karimganj, Gaya and part of the same has been acquired for approach road of Railways overbridge by the land acquisition Deptt., Gaya and previously compensation was made in the name of Sushila Devi. Thereafter, the name was corrected as Sudha Sharma in place of Sushila Devi and the compensation which was already made to
Patna High Court CR. MISC. No.42831 of 2022(2) dt.29-11-2022 2/3 the wife of informant but it has been alleged that accused Sunil Kumar alongwith other Jail Ram Prasad started demanding Rs. 1 Lakh with threat that they will show the entire building in road if this demand is not fulfilled.
It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case. No such occurrence, in the manner as alleged, has ever taken place. Petitioner has never demanded any rangdaari nor made any interpolation in the document. The informant has already received the amount of compensation regarding the acquisition of land. The FIR has been lodged after much delay without any explanation. Petitioner has no criminal antecedent. It is further stated by learned counsel for the petitioner that similarly situated coaccused has been granted bail in Criminal Miscellaneous No. 80898/2019 vide order dated 03.03.2022 passed by the Hon'ble Court.
Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, since the similarly situated co-accused has been granted bail, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a
Patna High Court CR. MISC. No.42831 of 2022(2) dt.29-11-2022 3/3 period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Delha P.S. Case No.21 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T