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Patna High CourtCR. MISC./1882/2017allowed

Rakesh Kumar @ Rakesh Kumar Choudhary v. The State Of Bihar

2017-01-20Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.1882 of 2017 (2) dt.20-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1882 of 2017 Arising Out of PS.Case No. -159 Year- 2012 Thana -SAHPUR District- PATNA ======================================================

1. Rakesh Kumar @ Rakesh Kumar Choudhary aged about 35 years, Son of Awadhesh Prasad, resident of Village- Khanera, Belaganj, P.S.- Belaganj, District- Gaya, (present residing at Chamarichak renter of Hari Prasad Bhagwan, P.S.- Shahpur, District- Patna). .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Gajendra Pratap Singh For the Opposite Party/s : Mr. Sri Rana Randhir Singh CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 20-01-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner is apprehending his arrest in connection with Shahpur P.S. Case No. 159 of 2012 registered for the offence punishable under Sections 420, 467, 468, 504, 506 and 34 of the Indian Penal Code.

3.

Accusation is of threat to kill on account of land dispute. 4.

Learned counsel for the petitioner has submitted that there is land dispute between the informant and one Arvind Kumar. In fact, no occurrence took place as alleged in the F.I.R. Moreover, the F.I.R. has been lodged by the informant much after filing of the civil suit only to harass and pressurize the accused person. Petitioner has falsely been implicated in this case. Therefore, he deserves the privilege of anticipatory bail.

Patna High Court Cr.Misc. No.1882 of 2017 (2) dt.20-01-2017 5.

Considering the facts and circumstances of the case and the nature of allegation made against the present petitioner, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 10,000 (Ten Thousand rupees only) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st Class, Danapur in connection with Shahpur P.S. Case No. 159 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Arvind Srivastava, J) brajesh/- U T