Chanchal Ojha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3025 of 2024 Arising Out of PS. Case No.-215 Year-2023 Thana- SAHPUR District- Bhojpur ====================================================== Chanchal Ojha, Male, aged about __ years, son of Ganesh Ojha, resident of Village- Ojhawalia, P.S.- Shahpur, District- Bhojpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Amarendra Kumar, Advocate For the Opposite Party/s :
Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The petitioner apprehends arrest in connection with Shahpur (Karnamepur) PS Case No.215 of 2023 dated 25.05.2023, instituted under Sections 307, 386, 387, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that on the alleged date of occurrence the petitioner and others armed with deadly weapons were searching the informant and had threatened his family members to give rupees five lakh as extortion money within three day, otherwise, the informant will be killed. They also misbehaved with the female members of the family.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this
Patna High Court CR. MISC. No.3025 of 2024(2) dt.31-01-2024 2/3 case. It is submitted that no such occurrence has ever taken place and the FIR has been lodged with the delay of three days without any cogent explanation for the same. It is further submitted that the petitioner and the informant are known to each other. The informant had taken rupees forty thousand from the petitioner and when the petitioner demanded his money then this false case has been instituted. It is further submitted that no injury report is available on the record which will reflect from the impugned order. No firearm has been recovered either from possession of the petitioner or from the house of the petitioner. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. Learned APP has opposed the prayer for bail.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, 1st, Bhojpur at Ara, in Shahpur (Karnamepur) PS Case No.215 of 2023, subject to the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973.
Patna High Court CR. MISC. No.3025 of 2024(2) dt.31-01-2024 3/3
7. The application stands allowed.
(Khatim Reza, J) J. Alam/- U T