Raja Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49972 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- MITHANPURA District- Muzaffarpur ====================================================== Raja Kumar Mishra Son Of Anil Kumar Mishra @ Anil Kumar R/OKhangura Dihu Urf Lakhimpur, P.S.- Mithanpura, Distt- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-07-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends arrest in Mithanpura P.S. Case No. 11 of 2024, instituted for the offences punishable under Sections 341, 342, 387, 379, 506/34 of the Indian Penal Code.
3. The prosecution case, in short, is that, while the son of the informant was on his way, he was accosted with three miscreants, who on the point of pistol forced the son of the informant to transfer a sum of Rs. 23,000/- via UPI. It is further alleged that co-accused Harsh Patel had snatched the keys of the motorcycle of the son of the informant and two days after the incident, co-accused Harsh Patel demanded ransom to the tune
Patna High Court CR. MISC. No.49972 of 2024(2) dt.19-07-2024 2/3 of Rs. 1,00,000/- and threatened to face dire consequences.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner also submits that there is no specific allegation against the petitioner, rather the allegation levelled against the petitioner is general and omnibus in nature. The petitioner was asked by co-accused Chhotu Kumar to receive and transfer back money to him. The petitioner transferred the money back to co-accused Chhotu Kumar after keeping hundred rupees. The petitioner was not present at the place of occurrence and had no idea of the background of the transaction. The petitioner has got one criminal antecedent in which the petitioner is on bail. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted regular bail by this Court vide order dated 19.06.2024 passed in Cr. Misc. No. 41375 of 2024 and 03.07.2024 passed in Cr. Misc. No. 45460 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances, let the petitioner, above named in the event of arrest/surrender before the learned Court below within a period of six weeks
Patna High Court CR. MISC. No.49972 of 2024(2) dt.19-07-2024 3/3 from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Mithanpura P.S. Case No. 11 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Rudra Prakash Mishra, J) Rajorshi/- U T