Mohit Kumar @ Mohit Kumar Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49883 of 2023 Arising Out of PS. Case No.-312 Year-2023 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== 1.

Mohit Kumar @ Mohit Kumar Sharma Son Of Anil Kumar Sharma Resident Of Village - Miscot, Police Station - Town Motihari, District - East Champaran 2.

Ajit Kumar @ Sujit Kumar Son Of Manoj Kumar Resident Of Village - Miscot, Police Station - Town Motihari, District - East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR . ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-08-2023 Heard learned counsel for the parties.

2. This is an application for grant of anticipatory bail in a case registered for the offences punishable under Section 384 and other allied sections of the Indian Penal Code.

3. As per the FIR, co-accused Sunny Sarraf demanded a sum of Rs. 5 lacs from the informant and threatened him with dire consequences, in case of non-fulfilment of the demand. It is further alleged that all the FIR named accused persons including these petitioners and 15-20 unknown miscreants arrived at the house of the informant, assaulted him and snatched his golden chain.

4. Learned counsel for the petitioners submits that there was some money dispute between co-accused Sunny Saraf and informant due to which some scuffle took place between them. Moreover, specific allegation of demand of extortion money is against co-accused Sunny Saraf and petitioners at best can be said to be members of unlawful assembly. There is

Patna High Court CR. MISC. No.49883 of 2023(2) dt.23-08-2023 2/2 general and omnibus allegation against these petitioners and no specific overt act has been alleged against them. Petitioners have got clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in Muffasil Police Station Case No. 312/2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T