Md. Dibu @ Seraj Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56509 of 2022 Arising Out of PS. Case No.-453 Year-2021 Thana- ARA NAGAR District- Bhojpur ====================================================== Md. Dibu @ Seraj Mohammad Son of Late Jamir Village- Bhaluhipur, P.SAra Town, District- Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar, Adv.

For the Opposite Party/s:

Mr.Kalyan Shankar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-01-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Learned counsel for the petitioner is directed to correct the paragraph 3 in course of day.

Petitioner apprehend his arrest in a case registered for offence punishable u/s 384, 386/34 of IPC.

Allegedly, the petitioner along with other co-accused persons entered into the house of the informant in which co-accused Md. Munna armed with pistol and demanded ten lac rupees as protection money (Rangdari). Remaining all the accused persons also armed with weapons. Md. Munna had earlier demanded protection money from the informant on mobile phone. The accused persons were threatening to kill the family members of informant. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. He has been falsely implicated in this case due to land dispute. There is no spe-

Patna High Court CR. MISC. No.56509 of 2022(2) dt.02-01-2023 2/2 cific allegation against the petitioner. The allegation against the petitioner is general and omnibus in nature. It is further submitted that no ransom has been paid. The petitioner has nothing to do with the alleged occurrence. Moreover, Md. Munna against whom there is specific allegation has been granted the privilege of regular bail by the learned Court below itself. Later on, the case has been compromised between the parties. Petitioner has one criminal antecedent. Learned APP for the State opposed the prayer for bail.

Having regard to the facts and circumstances of the case, since there is no specific overt act against the petitioner, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Ara Town P.S. Case No.453 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T