Amar Kumar @ Anil Badhai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57637 of 2021 Arising Out of PS. Case No.-85 Year-2021 Thana- SALAKHUA District- Saharsa ====================================================== Amar Kumar @ Anil Badhai Son of Chandar badhai @ Chandan Kumar @ Chandar Kumar Resident of Village - Kushmi, Warde No.05, P.s.- salkhua, Distt.- Saharsa.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Prasad Singh, Advocate For the Opposite Party/s :

Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-03-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Salkhua P.S. Case No. 85 of 2021 instituted for the offences under Sections 341, 307, 385, 504, 506 and 34 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 24.05.2021, charge-sheet has been submitted in the case and has antecedent of one case in which the police has submitted final form.

Learned counsel for the petitioner submits that the informant alleges that the petitioner along with named accused persons had demanded extortion of Rs. 50,000/- from the son of the informant and for non-fulfillment of the demand, the petitioner fired hitting the left hand of the victim and fled from the place of

Patna High Court CR. MISC. No.57637 of 2021(2) dt.02-03-2022 2/2 occurrence.

Learned counsel for the petitioner submits that the petitioner has been falsely implicated, further the father of the petitioner is a tractor driver of the informant and the daughter of the informant fell in love with this petitioner and on account of disparity between the status of the family, the petitioner has been falsely implicated earlier and again this time also. It is also submitted that though it is alleged that the petitioner fired hitting the left hand of the informant but the injury report completely negates the prosecution story.

Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted in the case and the injury report does not gets corroborated with the allegation as alleged, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Saharsa in connection with Salkhua P.S. Case No. 85 of 2021.

(Satyavrat Verma, J) Rishi/- U T