Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60588 of 2024 Arising Out of PS. Case No.-55 Year-2020 Thana- MAHKAR District- Gaya ====================================================== 1.

PINTU KUMAR S/O Satendra Prasad Yadav @ Satendra Prasad R/O Village- Divay, P.S- Mahkar, Distt.- Gaya.

2.

Naresh Yadav S/O Jagdish Yadav R/O Village- Divay, P.S- Mahkar, Distt.- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Rabia Gulnaz For the Opposite Party/s :

Mr. Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-09-2024

1. 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 447, 341, 342, 323, 307, 325, 385, 504, 506 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent. It is next submitted that the informant alleges that he is a Contractor and got a contract for constructing a road under Prime Minister Village Road Scheme, further accused persons including the petitioners demanded extortion of Rs. 2 lacks from his clerk and

Patna High Court CR. MISC. No.60588 of 2024(2) dt.27-09-2024 2/3 damaged the road and machine when money was not paid, further when work resumed after five months, Navin and Chintu came and Navin assaulted Rahul with bat and threatened not to start the work.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case. It is next submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the informant alleges that the accused persons were demanding extortion, it is next submitted that since informant was using sub-standard materials, as such, the same was being opposed by the petitioners, which led to the institution of the present false case, when petitioners admittedly are persons with clean antecedent. It is also submitted that similarly situated co-accused Shyam Kishore and Rakesh have been granted the privilege of anticipatory bail by an order dated 04.02.2022 in Criminal Miscellaneous No. 23910 of 2021 and order dated 18.11.2022 in Criminal Miscellaneous No. 30408 of 2022 respectively.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the

Patna High Court CR. MISC. No.60588 of 2024(2) dt.27-09-2024 3/3 event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Mahkar P.S. Case No. 55 of 2020 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishabh/- U T