Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71362 of 2018 Arising Out of PS. Case No.-77 Year-2018 Thana- ARWAL District- Jehanabad ====================================================== Amresh Kumar, Son of Shiv Lakhan Paswan, Resident of Village-Hasanpur, Police Station- Arwal, Distt.-Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manish Kumar No-2, Advocate.

For the Opposite Party/s :

Mr. Umanath Mishra, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in connection with Arwal P.S. Case No.77 of 2018 registered under Sections 387/34 of the Indian Penal Code.

The accusation is that the informant Hiralal Singh used to run the electric and hardware shop near bus stand. Before three months, Lakkar Yadav had made demand of Rs.1,00,000/- as ransom and on protest made by the informant, Lakkar Yadav, time to time, used to come at the shop of the informant and to abuse. Thereafter, Lakkar Yadav along with 23 unknown boys came at the shop of the informant and abused and misbehaved with the staff of the informant and made query

Patna High Court Cr.Misc. No.71362 of 2018(2) dt.06-12-2018 2/3 about the informant on the point of pistol. When the informant reached at the shop, then they again made demand of ransom of Rs.1,00,000/- and gave threatening. When the informant made protest, the Manoj Kumar Yadav gave threatening to kill him through Mobile. After that, this petitioner came at the house of the informant and made some query.

Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that no demand has been made by the petitioner nor the petitioner was in association of the co-accused Lakkar Yadav, rather it has come that, later on, this petitioner had come at the house of the informant and made some query. In fact, the petitioner is accused in three other cases, as detailed in paragraph-3 to this application, due to that reason, the petitioner has falsely been implicated by the police without any specific overt act. The petitioner is in custody since 01.08.2018.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Arwal, in connection with Arwal P.S. Case No.77 of 2018.

Patna High Court Cr.Misc. No.71362 of 2018(2) dt.06-12-2018 3/3 (Rajendra Kumar Mishra, J) P.S./- U T