Pramod Kumar Choudhary @ Pramod Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61185 of 2023 Arising Out of PS. Case No.-145 Year-2023 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== Pramod Kumar Choudhary @ Pramod Choudhary S/O Janki Vallabh Choudhary Resident Of Village Rajapur Ps Muffasil District Begusarai ... ... Petitioner/s
Versus
The State Of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sudish Kumar, Adv.
For the Opposite Party/s :
Mr.Ram Bilash Roy Raman APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 16-10-2023 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner is apprehending his arrest in connection with Begusarai Mufassil (Singhaul) PS Case No. 145 of 2023, dated 11-03-2023 registered for the offence punishable under Sections 341,323,387, 379,504,506/34 of the Indian Penal Code.
3. The informant alleges that he had purchased land from Vijay Singh and had constructed boundary on which accused persons, including the petitioner came and demanded extortion of Rs. 2 lakhs and thus the informant had to part with Rs. 9,000/- which was taken away by the co-accused, namely Murari @ Saurav @ Saurav Kumar.
Patna High Court CR. MISC. No.61185 of 2023(2) dt.16-10-2023 2/3
4. It is submitted by the petitioner's counsel that petitioner has been falsely implicated in the instant case and the present occurrence took place on account of a dispute relating to land for which a proceeding under Section 144 Code of Criminal Procedure (for brevity 'Cr. P.C.') has already been initiated. The other co-accused of this case has already been privileged with anticipatory bail vide order passed in Cr. Misc. No. 41150 of 2023 (Annexure-5). The petitioner has no criminal antecedents.
5. Learned APP for the State has opposed the prayer for bail.
6. Considering the rival submissions, clean antecedent of the petitioner as also the fact that other co-accused of this case has already been privileged with anticipatory bail vide order passed in Cr. Misc. No. 41150 of 2023 (Annexure-5), this Court, for the limited purposes of grant of bail, is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for anticipatory bail is allowed.
7. Accordingly, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two
Patna High Court CR. MISC. No.61185 of 2023(2) dt.16-10-2023 3/3 sureties of the like amount each to the satisfaction of the learned CJM, Begusarai, in connection with Begusarai Mufassil (Singhaul) PS Case No. 145 of 2023, dated 11-03-2023, subject to the conditions as laid down in Section 438(2) of the Code of Criminal Procedure with following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J) shyambihari/- U T