Amit Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59326 of 2025 Arising Out of PS. Case No.-633 Year-2024 Thana- PHULWARISHARIF District- Patna ====================================================== 1.
Amit Kumar Sharma S/O Gorelal Sharma Resident of Village- Gajachak, Mahmmadpur, P.S.- Janipur, District- Patna 2.
Rakhi Devi W/O Amit Kumar Sharma Resident of Village- Gajachak, Mahmmadpur, P.S.- Janipur, District- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Chhote Lal Mishra, Advocate For the State :
Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-09-2025 Heard Mr. Chhote Lal Mishra, learned counsel appearing on behalf of the petitioners and Mr. Umeshanand Pandit, learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 406, 420 and 34 of the Indian Penal Code.
3. As per prosecution case, informant, namely Jipu Kumar, alleged that he and his brother purchased a piece of land from one Sujit Kumar. It is alleged that on 06.03.2024 at about 4 PM, all the F.I.R. named accused persons, including these petitioners, called the informant on the land in question and asked for ransom and threatened with dire consequences.
Patna High Court CR. MISC. No.59326 of 2025(2) dt.01-09-2025 2/3
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. Dispute involved in the present case is purely civil in nature. Mother of Petitioner No. 2 has lodged a complaint case bearing Complaint Case No. 2793(c) of 2012 against Sujit Kumar and others and also instituted a title suit bearing T.S. No. 741 of 2012 against informant and others before the Sub Judge VIII, Patna and the aforesaid title suit was decided in favour of mother of Petitioner No. 2 vide order dated 01.10.2020 and decree was prepared.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering facts and circumstances of the case, nature of dispute and fact that several litigation are pending between the parties, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief
Patna High Court CR. MISC. No.59326 of 2025(2) dt.01-09-2025 3/3 Judicial Magistrate-XIV, Patna in connection with Phulwarisharif P.S. Case No. 633 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T