Afroz Alam @ Nikku Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71679 of 2022 Arising Out of PS. Case No.-75 Year-2022 Thana- SIKARPUR District- West Champaran ====================================================== Afroz Alam @ Nikku Alam S/O Abbas Ansari R/O Naya Tola, Prakash Nagar, P.S- Shikarpur, District- West Champaran ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prashant Kumar, Advocate For the Opposite Party/s :
Mr. Ganesh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 03-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
The accused/petitioner is named in the F.I.R. and apprehended his arrest in connection with Shikarpur P.S. Case No.75 of 2022 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 384 and 506 of the Indian Penal Code.
The allegation against the petitioner is to ask for extortion of Rs.2,00,000/- (Rupees Two Lakh only) from informant who is running private hospital in Shivganj area, West Champaran. It is further alleged that failing to pay extortion money petitioner shall not allow to run hospital in Shivganj locality.
Patna High Court CR. MISC. No.71679 of 2022(2) dt.03-05-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that implication is false for the reason that daughter of brother of petitioner was admitted in the hospital of informant, who died during the course of treatment and when issue of negligence was raised by petitioner and his brother, the present false allegation was lodged against this petitioner. It is submitted that informant raised an exorbitant bill, where Rs.85,000/- (Rupees Eighty Five Thousand) was already paid by the brother of petitioner. It is also submitted that allegation against the petitioner is appearing very much general and omnibus without specifying overt act. While concluding the argument it is submitted that petitioner is a man of clean antecedent. Learned APP appearing on behalf of the State, opposes the prayer for bail.
In view of the facts and circumstances as mentioned above and taking note of the allegation against petitioner, which is appearing very much general and omnibus in nature without attributing any specific overt act accordingly, the petitioner above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to
Patna High Court CR. MISC. No.71679 of 2022(2) dt.03-05-2023 3/3 the satisfaction of the learned Chief Judicial Magistrate, Bettiah, West Champaran/concerned Court below where the case is pending in connection with Shikarpur P.S. Case No.75 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T