Gautam Kumar @ Gautam Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74332 of 2022 Arising Out of PS. Case No.-326 Year-2020 Thana- BIHTA District- Patna ====================================================== GAUTAM KUMAR @ GAUTAM BHAGAT Son of Bindu Bhagat R/v- Sri Rampur, P.S.- Bihta, District- Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sinha For the Opposite Party/s :

Mr.Ganesh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 22-01-2024 Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

2. Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

3. The petitioner is apprehending his arrest in connection with Bihta P.S. Case No. 326 of 2020 dated 13.05.2020 registered for the offences punishable under Sections 147, 149, 341, 323, 307, 386, 379, 504 and 506 of the Indian Penal Code.

4. As per the prosecution case, 10-15 people stopped the tractor of the informant while he was going after unloading sand. In the meantime, the co-accused Shankar Rai abused and demanded an extortion of Rs. 500 per tractor and he threatened to kill him if the said demand was not fulfilled. Thereafter, they assaulted the informant and snatched Rs. 2000/- from his

Patna High Court CR. MISC. No.74332 of 2022(4) dt.22-01-2024 2/3 pocket. Further, the informant called police, when police arrived, the accused persons scuffled with them but they fled away, when more police arrived.

5. Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. The other co-accused person has already been granted bail by the Co-ordinate Bench vide order dated 10.01.2023 passed in Cr. Misc. No. 50472 of 2022. There is general and omnibus allegation against the petitioner.

6. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

7. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Danapur, Patna in connection with Bihta P.S. Case No. 326 of 2020, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure.

Patna High Court CR. MISC. No.74332 of 2022(4) dt.22-01-2024 3/3

8. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T