Ram Balak Chaudhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72002 of 2023 Arising Out of PS. Case No.-417 Year-2022 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== 1.

Ram Balak Chaudhari Son Of Musharu Chaudhari Resident Of Village - Shahpur Tola Tirasi Ward No.3, P.S. (LAKHO O.P.) Muffasil, District - Begusarai 2.

Kamdeo Chaudhari Son Of Ram Balak Chaudhari Resident Of Village - Shahpur Tola Tirasi Ward No.3, P.S. (LAKHO O.P.) Muffasil, District - Begusarai 3.

Sunil Chaudhari Son Of Ram Balak Chaudhari Resident Of Village - Shahpur Tola Tirasi Ward No.3, P.S. (LAKHO O.P.) Muffasil, District - Begusarai ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioners :

Mr.Sunil Kumar Yadav, Advocate For the Opposite Party :

Mr.Manoj Kumar, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-02-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 341, 323, 427, 387, 379, 504, 506/34 of the Indian Penal Code.

3. As per the prosecution case, all the FIR named accused persons including these petitioners demanded Rs.50,000/- as rangdari on the point of pistol. Petitioner no.1 dragged the informant by wrapping gamacha in his neck. Petitioner no.2 snatched cash Rs.2000/- from the informant.

4. It is submitted on behalf of the petitioners that due

Patna High Court CR. MISC. No.72002 of 2023(3) dt.29-02-2024 2/2 to land dispute, petitioners have falsely been implicated in this case. Allegation of theft is ornamental. F.I.R. has been lodged after delay of three days without any explanation which renders the entire prosecution case doubtful. Several co-accused, with similar allegation, have already been allowed pre-arrest bail by a co-ordinate bench of this Court vide annexure 2. Petitioners claim clean antecedent.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in Muffasil (Lakho OP) Police Station Case No. 417 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T