Chandan Choudhary @ Saroj Kumar Choudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53240 of 2025 Arising Out of PS. Case No.-79 Year-2025 Thana- SARAI RANJAN District- Samastipur ====================================================== 1.

Chandan Choudhary @ Saroj Kumar Choudhary S/o Rameshwar Choudhary R/o Village - Manika, P. S. - Sarairanjan, District - Samastipur 2.

Ranjit Kumar @ Ranjit Kumar Jha S/o Harishchandra Jha R/o Village - Manika, P. S. - Sarairanjan, District - Samastipur 3.

Dipak Kumar Jha S/o Harishchandra Jha R/o Village - Manika, P. S. - Sarairanjan, District - Samastipur 4.

Sumant Kumar Choudhary S/o Pawan Kumar Choudhary R/o Village - Manika, P. S. - Sarairanjan, District - Samastipur 5.

Bittu Kumar S/o Amarkant Jha R/o Village - Manika, P. S. - Sarairanjan, District - Samastipur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Adv.

Mr. Dilip Kumar Roy, Adv.

Ms. Rekha Ranjan Prasad, Adv.

Ms. Sonia Narayan Sinha, Adv.

For the State :

Ms. Rita Verma, APP For the Informant : Mr. Ranjeet Patel, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 27-08-2025 Learned counsel for the petitioners submits that petitioner no. 3 has already been apprehended.

2. Accordingly, prayer for anticipatory bail of petitioner no.3 stands dismissed being infructuous.

3. Heard learned counsel appearing for the petitioners nos. 1, 2, 4 and 5.

4. The petitioners are apprehending their arrest in connection with Sarairanjan P.S. Case No. 79/2025 registered

2/4 for the offences punishable under Sections 126(2), 115(2), 308(3), 308(4), 316(2), 318(4), 338, 336(3), 340(2), 3 (5) of the B.N.S.

5. As per prosecution case, the petitioners and others are said to have demanded Rs.20 lakhs on the point of pistol from the informant within seven days otherwise he would be shot next time. It is further alleged that the petitioners tried to fraudulently occupy the informant's share of the land which has been under his possession for the last forty years. They are trying to get the land in question registered in their name and are demanding money.

6. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case. Petitioner nos. 1, 4 and 5 bear no criminal antecedent and petitioner no.2 bears one criminal antecedent in which he is on bail. He further submits that there is inordinate delay of five days in lodging the FIR as occurrence took place on 01.05.2025 and FIR lodged on 05.05.2025 and no plausible explanation has been given regarding the said delay, which questions the authenticity of the FIR. He further submits that the petitioners have purchased a particular piece of land vide sale deed as

3/4 contained in Annexure-P/2 of the application and in the said sale deed petitioner nos. 1 and 2 are purchasers of the land and petitioner nos. 4 and 5 are identifiers of the land and FIR has been lodged against all the persons who were related with the sale deed. The aforesaid purchase of land has become the reasons for lodging the FIR in order to pressurize the petitioners. Basically, there was no demand for extortion of money and there is no element of forgery or cheating. He further submits that in the light of the aforesaid facts and circumstances of the case, no case is made out against the petitioners under the aforesaid sections.

7. Learned counsel for the informant as well as learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioners as submitted that there is specific allegation against the petitioners and they have threatened and demanded rangadari from the informant and their participation in alleged occurrence cannot be ruled out.

8. Considering the facts and circumstances of the case, all the persons who were purchasers and identifiers have been made accused, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest

4/4 or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate-1st Class, Samastipur in connection with Sarairanjan P.S. Case No. 79/2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.

9. Accordingly, the application stands allowed. (Alok Kumar Pandey, J) amitkumar/- U T