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Patna High CourtCR. MISC./66173/2022bail granted

Priyanshu Kumar @ Pramanshu Kumar v. The State Of Bihar

2023-04-24Mr. Justice Chandra Shekhar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66173 of 2022 Arising Out of PS. Case No.-387 Year-2021 Thana- HARSIDHI District- East Champaran ====================================================== 1.

PRIYANSHU KUMAR @ PRAMANSHU KUMAR S/O Sukhari Sah R/O Village- Harsidhi Bazar, P.S- Harsidhi, East Champaran 2.

Sonu Kumar S/O Sukhari Sah R/O Village- Harsidhi Bazar, P.S- Harsidhi, East Champaran 3.

Ramji @ Ramji Kumar S/O Late Dukhi Sah R/O Village- Harsidhi Bazar, P.S- Harsidhi, East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :

Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-04-2023 Heard learned counsel appearing on behalf of the parties.

Let the defect(s), as pointed out by the office, be removed within a period of four weeks from today. The accused/petitioners are named in the F.I.R. and apprehend their arrest in connection with Harsidhi P.S. Case No.387 of 2021 registered for the offences punishable under Sections 341, 323, 427, 384, 379 and 504/34 of the Indian Penal Code.

The allegation against above named petitioners is to abuse informant and his engaged labours and also to throw

Patna High Court CR. MISC. No.66173 of 2022(2) dt.24-04-2023 2/3 sweets and other articles of his shop and taken away cash of Rs. 5,000/- from cash counter alongwith chain made up of gold and wrist watch. It is further alleged thereof that a monthly extortion of unexplained amount was also raised.

Learned counsel appearing on behalf of the petitioners submitted that all the above named accused petitioners were falsely implicated in the present case out of neighborhood disputes and differences. It is submitted that no actual ransom amount was paid and allegation was only raised to aggravate the allegation in totality. It is also submitted that no injury caused to informant and his labours. It is also submitted that the matter has been compromised between the parties and for that effect a compromise petition has been filed before learned Chief Judicial Magistrate, Motihari, East Champaran, which is Annexure-2 of present bail petition. While concluding the argument, it is submitted that allegation is appearing very much general and omnibus against all above named petitioners, who are men of clean antecedent.

Learned APP for the State opposes the prayer of bail. Considering the aforesaid facts and circumstances of the case, as allegation raised through FIR is not appearing specific against all above named petitioners, accordingly, all

Patna High Court CR. MISC. No.66173 of 2022(2) dt.24-04-2023 3/3 above named petitioners, in the event of their arrest or surrender within a period of four weeks, from the date of order, are directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran /concerned Court, where the case is pending in connection with Harsidhi P.S. Case No.387 of 2021, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T