Bihari Kumar @ Bihari Kumar Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70424 of 2023 Arising Out of PS. Case No.-35 Year-2023 Thana- SAHAYAK NAGAR District- Katihar ====================================================== Bihari Kumar @ Bihari Kumar Mahto Son Of Jamun Mahto, resident of Village- Chandan Nagar Ps- Barari Dist- Katihar ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar Singh, Advocate For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends arrest in connection with Katihar Nagar Sahayak P.S. Case No. 35 of 2023 dated 15.01.2023 instituted for the offence punishable under Sections 384, 386/34, 411 of the Indian Penal Code.

3. The prosecution case, in short, is that on 14.01.2023, the informant along with his brother and father went to Katihar for appearing in written test for the recruitment in Army. When they arrived at G.R.P. Chawk, the petitioner along with 3 to 4 persons followed the informant and his brother. They demanded extortion money from them. When the informant reached at BMP gate, then the petitioner along with Amarjeet came there on his motorcycle and stopped them. They

Patna High Court CR. MISC. No.70424 of 2023(2) dt.01-11-2023 2/3 demanded Rs. 1,00,000/- from them, otherwise they will not to appear in the exam. They assaulted them and snatched his mobile.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that specific allegation is against the co-accused, namely, Amarjeet Singh, who snatched the mobile of the informant and the said mobile was recovered from his house. Learned counsel for the petitioner submits that the petitioner has no concern with the said mobile or with Amarjeet Singh. Learned counsel for the petitioner submits that Amarjeet Singh was the owner of the Coaching Centre where the petitioner was also studying. Learned counsel for the petitioner submits that specific allegation is against Amarjeet Singh, who was running the institute of Army Examination and the informant was well known to each other. Lastly, it has been submitted that petitioner has no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for anticipatory bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of

Patna High Court CR. MISC. No.70424 of 2023(2) dt.01-11-2023 3/3 six weeks from today, in connection with Katihar Nagar Sahayak P.S. Case No. 35 of 2023, he will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Katihar subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) premchand/- U T