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Patna High CourtCR. MISC./85832/2023allowed

Krishn Mohan Salhaita @ Mohan Salhaita v. The State Of Bihar

2024-01-18Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85832 of 2023 Arising Out of PS. Case No.-319 Year-2020 Thana- LAUKAHA District- Madhubani ====================================================== KRISHN MOHAN SALHAITA @ MOHAN SALHAITA S/O RABINDRA SALHAITA R/O VILLAGE- NAHRI, P.S- LAUKAHA, DISTT.- MADHUBANI.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar, Adv.

For the Opposite Party/s :

Mr. Dilip Kumar No.1, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-01-2024 Heard Mr. Arvind Kumar, learned counsel for the petitioner and Mr. Dilip Kumar No.1, learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 384, 504, 506 of the Indian Penal Code.

3. Allegedly, petitioner is said to have abused the informant and demanded Rs. 50,000/- as ransom and also threatened him of dire consequence. He also snatched Rs. 4000/- from the pocket of the informant.

4. It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has committed no offence. No such occurrence as alleged has ever taken place. Both the parties are agnates. Petitioner has been falsely implicated in

Patna High Court CR. MISC. No.85832 of 2023(2) dt.18-01-2024 2/2 this case due to ulterior motive. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. Prior to the present case, two more cases have been filed by the informant's side against the petitioner. There is no cogent evidence against the petitioner. The informant has not paid any amount to the petitioner as ransom. Petitioner has two criminal antecedents as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case as well as considering the arguments of the parties, as the informant has not paid any amount to the petitioner, 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 Laukaha P.S. Case No. 319 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T