In a criminal miscellaneous application regarding offences of extortion and criminal intimidation, the court granted bail subject to the petitioner's arrest or surrender within eight weeks and furnishing of bond by petitioner and two sureties.
Release on bail by Bond of Rs.10,000/ and two sureties subject to arrest or surrender within eight weeks.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.17917 of 2016
Arising Out of PS.Case No. -26 Year- 2016 Thana -TEGHRA District- BEGUSARAI
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Raj Kumar @ Chhotu son of Sanjeev Kumar @ Basant Singh, Resident of Village - Hasanpur, Police Station - Teghra, District - Begusarai
.... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Vinay Ranjan, Advocate For the Opposite Party/s : Mr. Parmanand Pd., APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER
2 05-05-2016 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends arrest in connection with Teghra P.S. case No.26 of 2016 for offences alleged under Sections 341, 323, 384 and 504/34 of the Indian Penal Code.
The prosecution case, as lodged by the Informant, is that on 29.1.2016 at about 5.15 P.M. he was coming from Samastipur on motorcycle, in the meanwhile near Ayodhya Chauk one black colour motorcycle without number overtook him and stopped the motorcycle and then two boys took out pistols from their waists and asked the informant to hand over the amount. Thereafter one boy assaulted him with butt of the pistol and asked him to deliver Rs.20,000/- at that place yesterday.
It has been submitted by the learned counsel for the petitioner that he has clean antecedent and is a College student and
Patna High Court Cr.Misc. No.17917 of 2016 (2) dt.05-05-2016
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has been falsely implicated just because his mother is a Ward Councilor of Teghra Nagar Panchayat. He further submits no overt act has been alleged so as to make out a case under the aforesaid Sections and the matter has since been compromised between the parties. He further submits that being a respectable person there is no chance of his absconding or tampering with the prosecution evidence in any manner.
However, learned APP for the State submits that the petitioner is named in the First Information Report and the allegation is of demand of ransom, hence opposes the prayer for bail.
Be that as it may, since the matter is already compromised between the parties, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Teghra P.S. case No.26 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Nilu Agrawal, J)
Narendra/-
U T
2 issues framed by the court
Whether to grant anticipatory bail to the petitioner in a case involving extortion and criminal intimidation.
Whether the compromise between parties and clean antecedents justify release via interim or anticipatory bail mechanism.
1 provisions across 1 enactments
Raj Kumar @ Chhotu
The State of Bihar
Nilu Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
