Dhiraj Kumar @ Dhiraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69435 of 2023 Arising Out of PS. Case No.-553 Year-2023 Thana- SHASTRINAGAR District- Patna ====================================================== 1.

Dhiraj Kumar @ Dhiraj S/o Late Anil Kumar Singh R/o Sheikhpura More, Piller No. 83, P.S- Hawai Adda, Distt.- Patna. 2.

Nitesh Kumar Singh @ Kallu @ Nitesh Kumar S/o Shri Awadhesh Singh R/o Sheikhpura, Mohini Gali, P.S- Hawai Adda, Distt.- Patna. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Anuj Kumar, Advocate.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in connection with Shastrinagar P.S. Case No. 553 of 2023 dated 10.06.2023 instituted under Sections 323, 341, 342, 379, 384, 504, 506 and 34 of the Indian Penal Code.

3. As per the prosecution case, the petitioners have demanded extortion money from the informant and due to nonfulfillment of extortion money, one Virendra Prasad was killed. Earlier on 11.05.2023 petitioners have assaulted the informant and on 09.06.2023 also the brother of informant was assaulted.

4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. He further submits that petitioner no.2 has stationary shop

Patna High Court CR. MISC. No.69435 of 2023(2) dt.01-11-2023 2/2 and petitioner no.1 has a market in Raja Bazar which has been rented out. He also submits that petitioners have nothing to do with the medicine business and they have been falsely implicated and the present F.I.R. has been filed with delay. Learned counsel submits that there is one criminal antecedent pending against the petitioners.

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 learned Chief Judicial Magistrate, Patna in connection with Shastrinagar P.S. Case No. 553 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.

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