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Patna High CourtCR. MISC./61556/2023allowed

Satyanarayan Ram @ Satya Narayan Ram v. The State Of Bihar

2023-12-15Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61556 of 2023 Arising Out of PS. Case No.-64 Year-2022 Thana- MARAUNA District- Supaul ====================================================== 1.

Satyanarayan Ram @ Satya Narayan Ram Son of Late Moti Ram, Resident of Village- Khushiyali, Ward No. 11, P.S.- Marauna, Distt- Supaul. 2.

Sudhir Ram Son of Sri Upendra Ram, Resident of Village- Khushiyali, Ward No. 11, P.S.- Marauna, Distt- Supaul.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Manish Kumar No.13, Advocate.

For the Opposite Party/s :

Mr. Nand Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 15-12-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Marauna P.S. Case No.64 of 2022 corresponding to G.R. No.978 of 2022 instituted under Sections 147, 149, 323, 325, 307, 379, 447, 504, 506, 324, 384 of the Indian Penal Code.

3. As per the prosecution case, all the accused persons including the petitioners alongwith 5-7 unknown persons uprooted the peeler from the land with intention to occupy the land. Upon getting information about the occurrence, the informant went the place of occurrence and forbid all the accused persons to do so then accused persons started

Patna High Court CR. MISC. No.61556 of 2023(3) dt.15-12-2023 2/3 demanding extortion money for the land. Allegation against the petitioner no.2 is that he has taken Rs.45,000/- as extortion from the informant and allegation against the petitioner no.1 is that he has given farsa blow on the head of the informant.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case due to land dispute between petitioner no.1 and one Devnarayan Yadav. He further submits that the allegation against the petitioner no.1 is that he assaulted on the head of the informant with farsa but the Doctor has opined the nature of injury as simple and the allegation against the petitioner no.2 is that he took extortion money of Rs.45,000/- which is super addition. He also submits that petitioners have no criminal antecedent.

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

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount to each to the satisfaction of the

Patna High Court CR. MISC. No.61556 of 2023(3) dt.15-12-2023 3/3 learned A.C.J.M.-VI, Supaul in connection with Marauna P.S. Case No.64 of 2022 corresponding to G.R. No.978 of 2022, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

(Sunil Dutta Mishra, J.) Ritik/- U T