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Patna High CourtCR. MISC./85257/2023bail granted

Tunnu Singh @ Ashutosh @ Ashutosh Kumar Singh v. The State Of Bihar

2024-01-29Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85257 of 2023 Arising Out of PS. Case No.-349 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== TUNNU SINGH @ ASHUTOSH @ ASHUTOSH KUMAR SINGH S/O LATE SATYENDRA SINGH @ SATYENDRA NARAYAN SINGH R/O MOHALLA- MOHANIA WARD NO. 12, P.S- MOHANIA, DISTT.- KAIMUR (BHABUA).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kumar Sunil, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 29-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Mohania P.S Case No. 349 of 2023 dated 25.05.2023 registered for the offence punishable u/s 341, 323, 385, 386, 379, 448, 427, 504, 506, 34 of the Indian Penal Code.

3. As per the prosecution case, on 25.05.2023 at about 00:25 AM, six person entered the hotel of the informant and started assaulting his staffs. The accused persons demanded Rs. 1 lakh per month as extortion and threatened to close the hotel if the said demands was not fulfilled. It is further alleged that the accused persons took out Rs. 68,000/- from the counter of the

Patna High Court CR. MISC. No.85257 of 2023(2) dt.29-01-2024 2/3 hotel.

4. Learned counsel for the petitioner has submitted that nothing has been recovered from the possession of the petitioner and he has falsely been implicated in this case. There is no specific allegation against the petitioner and the entire allegations are vague, general and omnibus in nature. The petitioner has two criminal antecedents as stated in para 3 of the bail petition.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Chief Judicial Magistrate, Kaimur (Bhabua) in connection with Mohania P.S Case No. 349 of 2023, subject to conditions as laid down under section 438(2) of the Code of Criminal Procedure with the following conditions :- (i) The petitioner is directed to remain physically present before the learned Court below on each

Patna High Court CR. MISC. No.85257 of 2023(2) dt.29-01-2024 3/3 and every date, failing which on two consecutive dates without reasonable cause, his bail bonds are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Sudha/- U T