Rajendra Prasad Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86744 of 2024 Arising Out of PS. Case No.-259 Year-2024 Thana- BAISI District- Purnia ====================================================== 1.
Rajendra Prasad Sah S/O Late Chhabi Lal Sah R/O Vill.- Harintor, P.O.- Baisi, P.s.- Baisi, Dist.- Purnea. Pin- 854315 2.
Sarvesh Kumar @ Sarvesh Sah @ Banti @ Banti Sah S/O Rajendra Prasad Sah R/O Vill.- Harintor, P.O.- Baisi, P.s.- Baisi, Dist.- Purnea. Pin- 854315 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Satyabir Bharti, Adv.
:
Mr. Abhishek Anand, Adv.
:
Ms. Kanupriya, Adv.
For the State :
Mr. Ajay Kumar Jha For the Informant :
Mrs. Soni Shrivastava, Adv.
:
Mr. Ram Prawesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-01-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 316(2), 318(4), 308(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, in brief, is that the informant rented godown in the house of the petitioner in which the informant kept his grain worth about Rupees 50 lakhs. It is alleged that the petitioner locked the rented godown and told to open the lock on his return from Lucknow, but after returning he
Patna High Court CR. MISC. No.86744 of 2024(3) dt.08-01-2025 2/3 is demanding extortion of Rs.30 lakh and wants to usurp all the goods of the informant.
4. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. He submits that from same occurrence two F.I.R. were lodged by the informant and petitioners were granted anticipatory bail by the learned Trial Court in one of the cases i.e. Baisi P.S. Case No.257 of 2024. Petitioners have two criminal antecedents as mentioned in para-3 of this application.
5. Learned APP for the State as well as learned counsel for the informant opposed the prayer for anticipatory bail and not denied the fact that for the same occurrence two F.I.R. were lodged by the informant.
6. Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their 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) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor
Patna High Court CR. MISC. No.86744 of 2024(3) dt.08-01-2025 3/3 Court in connection with Baisi P.S. Case No.259 of 2024, subject to the condition as laid down under Section 482 (2) of the B.N.S.S., 2023.
(Anjani Kumar Sharan, J) anand/- U T