Patna High CourtCR. MISC./54807/2023bail granted

Krishna Singh v. The State Of Bihar

2023-08-23Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54807 of 2023 Arising Out of PS. Case No.-339 Year-2023 Thana- BARHARA District- Bhojpur ====================================================== 1.

Krishna Singh S/O Late Ramsubhag Singh Resident Of Village-Sohara, P.S.- Barahara (Krishnagarh O.P.), District-Bhojpur. 2.

Rakesh Singh @ Rakesh Kumar Singh S/O Sita Ram Singh Resident Of Village-Sohara, P.S.-Barahara (Krishnagarh O.P.), District-Bhojpur. 3.

Mantu Singh @ Mantu Kumar Singh S/O Sita Ram Singh Resident Of Village-Sohara, P.S.-Barahara (Krishnagarh O.P.), District-Bhojpur. 4.

Kanhaiya Singh S/O Late Ram Subhag Singh Resident Of Village-Sohara, P.S.-Barahara (Krishnagarh O.P.), District-Bhojpur. 5.

Sita Ram Singh @ Sita Ram Singh S/O Late Ram Subhag Singh Resident Of Village-Sohara, P.S.-Barahara (Krishnagarh O.P.), District-Bhojpur. ... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raju Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 23-08-2023 Heard learned Counsel for the petitioners and learned APP for the State.

2. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 307, 385, 387 of the Indian Penal Code and 27 of the Arms Act.

3. As per the prosecution, a case has been lodged against 5 named accused persons, who are the petitioners in the present case. In the FIR the informant has alleged that on 04.06.2023 at about 4pm he went out for his personal work and at

Patna High Court CR. MISC. No.54807 of 2023(2) dt.23-08-2023 2/3 about 7.30pm, while he was returning to his village, all the named accused persons in this case started firing on his Scorpio vehicle and the informant and his son anyhow saved their lives. The allegation against the petitioners is that they were demanding extortion money of Rs. 10,000/- per project from the informant for the work done in Ward No.10.

4. It is submitted by learned counsel for the petitioners that petitioners are innocent and have committed no offence. Counsel for the petitioners submits that petitioners have apprehension that the informant may file a false criminal case against them due to this reason the petitioner no.2 has filed a Sanha bearing Cr. Misc. No.700(1) of 2023. He also submits that since the information about the work done has been demanded by the petitioners is under the Right to Information Act only a view to teach a lesson the present case has been filed.

5. Learned APP for the State opposes the prayer for bail but admitted that a Sanha has been filed and an application has also been filed under the Right to Information Act.

6. In the present facts and circumstances, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of 6 weeks from today, on furnishing bail bond of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.54807 of 2023(2) dt.23-08-2023 3/3 satisfaction of the learned Chief Judicial Magistrate, Bhojpur at Ara in connection with Barahara (Krishnagarh O.P) P.S. Case No.339 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dr. Anshuman, J.) Ashishsingh/- U