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Patna High CourtCR. MISC./66032/2022bail granted

Suraj Kumar Keshri @ Suraj Keshri v. The State Of Bihar

2023-02-04Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66032 of 2022 Arising Out of PS. Case No.-432 Year-2022 Thana- GAYA MUFASIL District- Gaya ====================================================== Suraj Kumar Keshri @ Suraj Keshri Son Of Sarvan Prasad @ Sharwan Prasad Keshri Resident Of Dilli Sari Show Room, Manpur, Near Shyam Talkies, P.S.- Muffasil, District- Gaya, Permanent Address- Gurudwara Road, Ramdaspur Lane, Gaya, P.S.- Kotwali, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-02-2023 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.

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

The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 384, 386 and 504 read with section 34 of the Indian Penal Code.

As per the prosecution case, the informant had purchased a shop for business in which the accused persons including the petitioner were tenant and when the informant told them to vacate the shop they were adamant to mar-pit and

Patna High Court CR. MISC. No.66032 of 2022(2) dt.04-02-2023 2/3 demanded Rs. 5,00,000/- as extortion money for vacating the shop.

Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. The title suit bearing No. 932 of 2022 is pending between the parties. The co-accused person has already granted bail by the co-ordinate bench vide order dated 19.12.2022 passed in Criminal Miscellaneous No. 60315 of 2022. The petitioner has no criminal antecedent as stated in para 3 of the bail petition. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner. 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, Gaya in connection with Muffasil P.S. Case No. 432 of 2022, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with following conditions-:

1. The petitioner is directed to remain physically present before the learned Court below on each and every date,

Patna High Court CR. MISC. No.66032 of 2022(2) dt.04-02-2023 3/3 failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

2. And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

The application stands allowed.

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