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Patna High CourtCR. MISC./83495/2023bail granted

Dhiraj Kumar @ Rohit Kumar Yadav v. The State Of Bihar

2024-06-26Mr. Justice Satyavrat Verma2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83495 of 2023 Arising Out of PS. Case No.-558 Year-2016 Thana- SAMASTIPUR COMPLAINT CASE District- Samastipur ====================================================== 1.

DHIRAJ KUMAR @ ROHIT KUMAR YADAV Son of Lappu Yadav R/o vill - Bhadoghat, P.s. - Warisnagar, Distt. - Samastipur 2.

Pappu Ray Son of Sudan Ray R/o vill - Bhadoghat, P.s. - Warisnagar, Distt. - Samastipur 3.

Ramdhan @ Ramdhan Ray Son of Om Narayan Ray R/o vill - Bhadoghat, P.s. - Warisnagar, Distt. - Samastipur 4.

Uday Ray Son of Naresh Ray R/o vill - Bhadoghat, P.s. - Warisnagar, Distt. - Samastipur ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Shyam Kumar Yadav Son of Naresh Yadav R/o vill - Dhobipur Banshara, P.S. - Hayaghat, Distt. - Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Vinay Kumar Mishra For the Opposite Party/s :

Mr.Rajendra Prasad Nat ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-06-2024 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

No one appears on behalf of the OP No. 2.

3.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 384 and 34 of the Indian Penal Code.

4.

Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and have been falsely implicated in the instant case by the complainant. It is next

Patna High Court CR. MISC. No.83495 of 2023(4) dt.26-06-2024 2/2 submitted that in sum and substance, the allegation is of demanding extortion of Rs. 100/- daily from the complainant, who is a driver of a passenger vehicle.

5.

The learned counsel submits that complainant deliberately instituted the instant complaint case as he was aware that if an FIR is instituted, the police will investigate and the falsity of the allegation would surface.

6.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

7.

Considering the submissions made by the learned counsel for the petitioners and the fact that petitioners are persons with clean antecedent, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with C.R No. 558 of 2016 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) SUMIT/- U T