Laxman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8725 of 2021 Arising Out of PS. Case No.-674 Year-2020 Thana- ALAMGANJ District- Patna ====================================================== 1.
LAXMAN SON OF PANDU YADAV RESIDENT OF VILLAGE-I, D.H. COLONY, N.M.C.H, P.S-ALAMGANJ, DISTRICT-PATNA 2.
AMIT SON OF PANDU YADAV RESIDENT OF VILLAGE-I, D.H. COLONY, N.M.C.H, P.S-ALAMGANJ, DISTRICT-PATNA ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :
Mr. Ravindra Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 21-07-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 447, 384, 385, 506 and 379/34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent.
4. It is alleged that the petitioners along with 10-15 unknown other accused reached the place of occurrence and petitioner no. 2 assaulted the informant with butt of gun and others by legs and fists and petitioner no. 1 snatched Rs.2 lakhs and petitioner no. 2 snatched Rs.50,000/- from the informant and also asked for extortion.
Patna High Court CR. MISC. No.8725 of 2021(10) dt.21-07-2023 2/3
5. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case. It is further submitted that from bare perusal of the allegation as alleged in the FIR, it would manifest that the allegation of snatching money is ornamental in nature. It is next submitted that on account of altercation, the occurrence took place in which it is alleged that petitioner no. 2 assaulted the informant with butt of gun but then the allegation does not even remotely suggest that the injury suffered by the informant was serious. It is also submitted that even the FIR was instituted after a delay of two days which further casts as aspersion on the case of the prosecution that the FIR was instituted by way of afterthought. It is further submitted that though there is allegation of extortion but then petitioners are persons with clean antecedent.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.8725 of 2021(10) dt.21-07-2023 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Alamganj P.S. Case No. 674 of 2020, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J) Kundan/- U T