Murari Singh @ Murari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.288 of 2023 Arising Out of PS. Case No.-302 Year-2022 Thana- BALIYA District- Begusarai ====================================================== MURARI SINGH @ MURARI KUMAR S/o Pramod Singh R/o Vill.- Gokhle Nagar Vishnupur, P.S.- Ballia, Distt- Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shubhesh Pandey, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 07-02-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 504, 385, 379 of the Indian Penal Code.

Allegedly, petitioner demanded Rangdari Tax from the informant and abused him at the Gupta Hardware Shop. On the same day at about 09:00 p.m., the petitioner armed with pistol came at the informant's house and abused him and also demanded Rangdari Tax of Rs. 1,00,000/-. They also snatched Rs. 18,600/- from the informant on the point of pistol. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No

Patna High Court CR. MISC. No.288 of 2023(2) dt.07-02-2023 2/3 such occurrence as alleged ever took place. He has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Both the parties are co-villagers. It is further submitted that the informant belongs to the strong family and his uncle is Sarpanch of the Village. They want to grab the land of the petitioner. He further submits that the occurrence took place on 25.10.2022 but the FIR was lodged on 01.11.2022. There is inordinate and abnormal delay in filing the complaint petition without assigning any plausible and convincing reason for the said delay, which creates serious doubt about the prosecution case. Petitioner has two criminal antecedents as mentioned in para-3 of this application.

Learned APP for the State opposed the prayer for bail. Having regard to the facts and circumstances of the case, there is delay in lodging the FIR, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Ballia P.S. Case No.

Patna High Court CR. MISC. No.288 of 2023(2) dt.07-02-2023 3/3 302 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) divyanshi/- U T