Laxman Choudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.585 of 2024 Arising Out of PS. Case No.-15 Year-2023 Thana- ANDHRATHARHI District- Madhubani ====================================================== Laxman Choudhary S/o Ganesh Choudhary Village- Rakhbari, Chatra Tol, P.S. -Rudrapur, Dist.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jitendra Bharti, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-03-2024
1. Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in the F.I.R. and apprehending his arrest in connection with Andhrathadhi P.S. Case No. 15 of 2023 registered for the offences punishable under Sections 341, 323, 384, 379, 504, 506 and 34 of the Indian Penal Code.
3. The allegation against the petitioner is to demand extortion money of Rs. 10,00,000/- to start refilling soil.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.585 of 2024(3) dt.19-03-2024 2/3 petitioner submitted that petitioner has been falsely implicated with the present case due to previous enmities as he stands as bailor for co-accused in Andhrathadhi P.S. Case No. 71 of 2022, who is relative of this petitioner. It is submitted that out of local disputes and differences present false implication was made and just to aggravate the allegation, allegation of pressing neck was raised. It is submitted that no visible injury was noticed upon injured, out of alleged occurrence. While concluding the argument it is submitted that no extortion money as alleged was received by petitioner, who is a man of clean antecedent.
5. Learned APP appearing on behalf of the State, opposes the prayer for bail.
6. In view of the facts and circumstances as mentioned above and by taking note of the allegation in totality, where extortion amount not appears to be paid to petitioner, accordingly the petitioner above named, in
Patna High Court CR. MISC. No.585 of 2024(3) dt.19-03-2024 3/3 the event of his arrest or surrender before the learned Court below within a period of four weeks, is directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, First Class, Jhanjharpur, Madhubani/concerned Court where the case is pending in connection with Andhrathadhi P.S. Case No. 15 of 2023 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T