Bijendra Singh @ Bijendra Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69133 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- CHANDI District- Bhojpur ====================================================== Bijendra Singh @ Bijendra Kumar Singh, S/O- Surya Pratap Singh, R/OVillage- Narhi, P.S.- Chandi, District.- Bhojpur. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Shiv Prasad Gupta, Advocate For the Opposite Party/s :
Mr.Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 01-11-2023
1. Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner apprehends his arrest in connection with Chandi P.S. Case No. 183 of 2023 dated 14.07.2023 registered for the offence(s) punishable under Section(s) 341, 384, 385, 504 and 506/34 of the Indian Penal Code.
3. The main submissions advanced by the learned counsel for the petitioner are that as a matter of fact, father and uncle of the petitioner entered into an agreement with Harshit Jindal Company and according to the terms of the said agreement, the father and uncle of the petitioner alienated their land to the said company on lease for 5 years for storing sand
Patna High Court CR. MISC. No.69133 of 2023(2) dt.01-11-2023 2/3 and in this regard the agreement's copy has been file as Annexure- P2 and till the end of the year 2022, rent was being paid by the said company but thereafter the company stopped the payment of rent and thereafter relation in between them soured and after that the instant case was lodged. Further submissions are that though against the petitioner there is criminal antecedent of one case but in that case he has been acquitted and in the FIR, there is simple allegation of demand of extortion money from the informant but there is no allegation that in compliance with the said demand any money was given by the prosecution party to the accused.
4. Learned APP appearing for the State has opposed the bail prayer.
5. Considering the above submissions as well as petitioner's defence mentioned in paragraph nos. 9 to 13 of this bail petition, in my opinion, the petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Chandi P.S. Case No. 183 of 2023 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.69133 of 2023(2) dt.01-11-2023 3/3 satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) Rajiv/- U T