Patna High CourtCR. MISC./49660/2024bail granted

Saurav Kumar @ Saurav Mochi v. The State Of Bihar

2024-08-23Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49660 of 2024 Arising Out of PS. Case No.-171 Year-2023 Thana- NIMACHANDPURA District- Begusarai ====================================================== Saurav Kumar @ Saurav Mochi Son of Kailu Mochi @ Kailash Das @ Kailash Mochi R/o Village- Ajhaur, P.S.- Nimachandpura, District- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Braj Bhusan Poddar For the Opposite Party/s :

Mr.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 23-08-2024

1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Nimachandpura Police Station Case No. 171 of 2023, dated 07.12.2023, disclosing offences punishable under Sections 323/341/307/385/386/504/506/34 of the Indian Penal Code.

3. The prosecution case, as per the First Information Report, is that on 06.12.2023 while the informant was returning from Hat (market) on his scooty with his friend, the petitioner, along with other accused persons, intercepted him and demanded extortion amount of Rs. 50,000/-. In the meanwhile, the petitioner assaulted the informant with butt of the pistol on his head and when friend of the

Patna High Court CR. MISC. No.49660 of 2024(2) dt.23-08-2024 2/3 informant intervened, co-accused Pankaj Ram assaulted him with iron rod, causing injury on his head. It is also alleged that co-accused Dheeraj Ram snatched Rs. 4500/- from the pocket of the informant.

4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case on the basis of concocted story due to some dispute regarding purchase of vegetables in the Hat (market). The injury caused to the informant is simple in nature. He further submits that the petitioner has got no criminal antecedent and co-accused persons, namely, Dheeraj Ram and Pankaj Ram, have been granted anticipatory bail by this Court, vide order, dated 28.05.2024, passed in Criminal Misc. No. 34680 of 2024.

5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner has got no criminal antecedent, the injury caused to the informant is simple in nature and coaccused persons have been granted anticipatory bail by this Court, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

Patna High Court CR. MISC. No.49660 of 2024(2) dt.23-08-2024 3/3

7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Begusarai, in connection with Nimachandpur Police Station Case No. 171 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √