Kanhaiya Rastogi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63181 of 2023 Arising Out of PS. Case No.-179 Year-2021 Thana- PURNIA COMPLAINT CASE DistrictPurnia ====================================================== KANHAIYA RASTOGI SON OF LATE ARJUN RASTOGI RESIDENT OF VILLAGE- PURNEA CENIMA HALL ROAD GULABBAG HANSDAH, PS- PURNEA SADAR DISTT- PURNEA, BIHAR PROPRIETOR PURAN DEVI TRADING COMPANY GULALBAGH PURNEA ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Aamir Hayat, Adv.
For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-10-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 342, 323, 384, 504, 506/34 of the Indian Penal Code.
3. The complaint of this case has filed the present complaint while he was in judicial custody in connection with Kasba P.S. Case No. 12 of 2021, alleging therein that the petitioner and other accused persons abused and assaulted him and snatched his handbag containing valuable articles, including the cash and jewelry. They also obtained his signature on two stamp papers as well as plain papers. It is further alleged that the
Patna High Court CR. MISC. No.63181 of 2023(2) dt.19-10-2023 2/3 petitioner demanded extortion of Rs. 5 Crores.
4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged ever took place. He has been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is further submitted that with regard to the same occurrence, two complaints have been filed, one by the informant and one by another, who were in judicial custody. He further submits that petitioner is a reputed business man. He is the proprietor of Puran Devi Trading Pvt. Ltd. and he also pays Income Tax more than Rs. 24 lacs, which is evident from Income Tax Return Acknowledgment enclosed at Annexure 2 of the bail application. He has been made accused in the present case merely due to business rivalry. Petitioner has criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposed the prayer for bail.
6. Having regard to the facts and circumstances of the case, 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
Patna High Court CR. MISC. No.63181 of 2023(2) dt.19-10-2023 3/3 of Rs. 25,000/- (Rupees Twenty Five Thousand) 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 C.A. No. 179 of 2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T