Dhanu Kumar @ Dhanu Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50287 of 2024 Arising Out of PS. Case No.-143 Year-2023 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.

Dhanu Kumar @ Dhanu Sah S/o Late Manager Sah @ Brijnand Sah R/o Village Majhariya, P.S.- Buxar (Industrial Area) District-Buxar 2.

Ramesh Kumar @ Ramesh Sah S/o Late Kanhaiya Sah R/o Village Majhariya, P.S.- Buxar (Industrial Area) District-Buxar 3.

Bahadur Kumar @ Bir Bahadur Sah S/o Kanhaiya Sah R/o Village Majhariya, P.S.- Buxar (Industrial Area) District-Buxar 4.

Bittu Kumar @ Bittu Sah S/o Late Kanhaiya Sah R/o Village Majhariya, P.S.- Buxar (Industrial Area) District-Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Pandey For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 28-08-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners are apprehending their arrest in connection with Buxar (Industrial Area) P.S. Case No. 143/2023 registered for the offences punishable under Sections 341, 323, 307, 379, 385, 427, 504, 506, 34 of the Indian Penal Code.

3. As per prosecution case, petitioners are said to have demanded ransom of Rs.30,000/- per month by pointing pistol as extortion and threatened to kill the informant. It is alleged that co-accused Chhotelal Sah @ Hiroichi has assaulted

Patna High Court CR. MISC. No.50287 of 2024(2) dt.28-08-2024 2/3 the informant by means of rod as a result of which he sustained head injury.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Petitioners bear no criminal antecedent. There is specific allegation against co-accused Chhotelal Sah @ Hiroichi who assaulted the informant by means of rod upon the head. He further submits that allegations are general and omnibus in nature against the petitioners and snatching of gold locket from the neck of the informant is nothing but super addition. From the perusal of impugned order itself the injury sustained by the informant is stated to be simple in nature.

5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioners, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.50287 of 2024(2) dt.28-08-2024 3/3 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Buxar in connection with Buxar (Industrial Area) P.S. Case No. 143/2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J) amitkumar/- U T