Kranti Uraon @ Kranti Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63445 of 2023 Arising Out of PS. Case No.-207 Year-2021 Thana- JADIA District- Supaul ====================================================== 1.
Kranti Uraon @ Kranti Kumar S/O Suraj Uraon R/O Mohalla- Pothiya, Ward No. 14, Tola Muriari ( Panchayat- Sirsia Kala), Ps. Bhargama, Dist. Araria 2.
Vikrant Uraon S/O Suraj Uraon R/O Mohalla- Pothiya, Ward No. 14, Tola Muriari ( Panchayat- Sirsia Kala), Ps. Bhargama, Dist. Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Ms. Patla Kumari, Advocate For the Opposite Party/s :
Mr. Ram Anurag Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-10-2023 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners in the present case are seeking prearrest bail in connection with Jadiya P.S. Case No. 207 of 2021 registered for the offences punishable under Sections 147, 148, 149, 323, 341, 385, 324, 307, 309, 504 and 506 of the Indian Penal Code. They have got no criminal antecedent.
3. As per the prosecution story, on 25.09.2021 at 4.15 pm, all the accused persons including the petitioners demanded extortion from the informant's brother on which he resisted, then one Suraj Uraon assaulted the informant's brother by farsa on head due to which he became injured and fell down and
Patna High Court CR. MISC. No.63445 of 2023(2) dt.16-10-2023 2/3 when informant and his nephew went to rescue him, they were also assaulted and the accused persons took golden chain and cash Rs. 10,000/- from the informant and his nephew.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. It is submitted that no specific allegation has been levelled against these petitioners and there is a delay of two days in lodging FIR.
5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Having regard to the facts and circumstances of the case wherein it is submitted on behalf of the petitioners that the present FIR has been lodged two days after the alleged occurrence, there is no specific allegation of commission of any overt act against the petitioner and he has otherwise no criminal antecedent, in the circumstances, this Court directs that in case of their arrest or surrender within a period of six weeks from today, the petitioners above named be released on bail in connection with Jadiya P.S. Case No. 207 of 2021 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 learned Additional Chief Judicial Magistrate-V, Supaul subject
Patna High Court CR. MISC. No.63445 of 2023(2) dt.16-10-2023 3/3 to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
8. This application stands allowed.
(Rajeev Ranjan Prasad, J) Rishi/- U T