Damoli Harijan @ Damoli Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56605 of 2023 Arising Out of PS. Case No.-539 Year-2022 Thana- RAJAON District- Banka ====================================================== 1.

Damoli Harijan @ Damoli Das Son Of Jitan Harijan Resident Of Village - Kathaun, P.S. - Rajaun, Distt. - Banka 2.

Bablu Das Son Of Damoli Harijan @ Damoli Das Resident Of Village - Kathaun, P.S. - Rajaun, Distt. - Banka 3.

Mandeshwari Harijan Son Of Bhudev Harijan Resident Of Village - Kathaun, P.S. - Rajaun, Distt. - Banka 4.

Dayanand Das Son Of Suresh Harijan Resident Of Village - Kathaun, P.S. - Rajaun, Distt. - Banka 5.

Tun Tun Das Son Of Chaturi Harijan Resident Of Village - Kathaun, P.S. - Rajaun, Distt. - Banka 6.

Thakur Das @ Thakur Harijan Son Of Chaturi Harijan Resident Of Village - Kathaun, P.S. - Rajaun, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Najmul Hodda, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 15-09-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 149, 323, 384, 354B, 379, 452, 406, 504, 506 of the Indian Penal Code.

3. Accused persons, as per FIR, have demanded extortion of Rs. 50,000/- from the informant. They have also

Patna High Court CR. MISC. No.56605 of 2023(2) dt.15-09-2023 2/3 threatened him so as to coerce him to follow a particular religion and it is also alleged that the informant, his wife and daughter have been assaulted. There is allegation of snatching of one silver chain also.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that the present case is nothing but counter blast of Rajaun P.S. Case No. 236 of 2022, which has been lodged by the petitioner no. 1 against the informant. Similarly situated co-accused has been enlarged on bail by a co-ordinate bench of this court vide order dated 21.07.2023 passed in Cr. Misc. No. 34094 of 2023. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposes prayer for anticipatory bail.

6. Having regard to the facts and circumstances of the case and the fact that similarly situated co-accused has been granted anticipatory bail, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from

Patna High Court CR. MISC. No.56605 of 2023(2) dt.15-09-2023 3/3 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 lower Court where the case is pending/successor Court in connection with Rajaun P.S. Case No.539 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

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