Sumit Pandey @ Shivam Pandey @ Shivam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31819 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Sumit Pandey @ Shivam Pandey @ Shivam Kumar, Son of Pramod Pandey, Resident of village- Khardeur, Ward No. 2, Police Station- Chanpatia, District- West Champaran at Bettiah.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Jai Shanker Prasad For the Opposite Party/s :

Mr. Sri Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 29-06-2018 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Chanpatia P.S. Case No. 28 of 2018 dated 19.01.2018 instituted for the offences under Sections 147, 148, 149, 341, 323, 387, 504 and 506 of the Indian Penal Code.

The Secretary of Saraswati Shiksha Sadan, a higher secondary school of the locality has lodged the FIR that while he was talking to the students who had come late to the school, the petitioner and others came and demanded protection money. The informant was also abused. Later also, threats were also doled out. The informant therefore suspected threat to his life. Learned counsel for the petitioner has submitted that a false case has been instituted against

Patna High Court Cr.Misc. No.31819 of 2018(3) dt.29-06-2018 2/2 the petitioner and others. At the time of registration for the purposes of permitting the students to appear in the examination, the informant had been realizing additional amount in an unauthorized manner. This was objected to by many students. The petitioner is non-else but one of the active members of the AISA, a student outfit. It has also been submitted that he is a student of MJK college, Bettiah and only because of his having participated in the agitation against the high-handedness of the informant, he has been made accused in this case.

Considering the aforesaid facts, the petitioner above named is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 28 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C.