The High Court of Patna granted anticipatory bail to two petitioners apprehending arrest in a case involving extortion and assault. The court directed surrender within eight weeks and imposition of a bail bond with sureties.
Petitioners to surrender within eight weeks and be enlarged on bail upon furnishing a bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15177 of 2020
Arising Out of PS. Case No.-411 Year-2019 Thana- DIGHWARA District- Saran
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishore Singh, Advocate Mr. Vijay Kumar, Advocate For the Opposite Party/s : Ms.Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER
Heard learned counsel for the petitioners and learned
counsel for the State through video conferencing.
The petitioners have filed the instant application for grant of anticipatory bail apprehending their arrest in connection with Dighwara P.S. Case no. 411 of 2019 registered under sections 384, 386, 354, 504, 506 and 34 of the Indian Penal Code.
As per allegation in the FIR, it is stated that the accused persons who belong to the gang of Neelam Raj especially Abhishek Babuan have been regularly making demand of rangdari of Rs. 2 lakhs and giving threats.
It is submitted by learned counsel for the petitioners that besides the two petitioners herein, Abhisekh Babuan as also
Patna High Court CR. MISC. No.15177 of 2020(3) dt.14-12-2020 2/2
Subhash Singh are also FIR named accused. It is submitted that while Abhisekh Babuan has been enlarged on anticipatory bail vide order dated 28.8.2020 passed in Cr. Misc. no. 15549 of 2019, Subhash Singh has been enlarged on anticipatory bail vide order dated 1.12.2020 passed in Cr. Misc. no. 14915 of 2020. It is submitted that the petitioners have no criminal antecedent.
The application for bail is opposed by learned counsel for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including grant of bail to co-accused, the Court is inclined to enlarge the petitioners on anticipatory bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Dighwara P.S. Case no. 411 of 2019 they will be enlarged on bail on each of them furnishing bail bond of Rs. 10,000/-( Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra subject to the conditions as laid down under section 438(2) of the Cr.P.C.
(Partha Sarthy, J)
Prakash/-
U
2 issues framed by the court
Whether anticipatory bail can be granted to the petitioners apprehending arrest in an FIR alleging extortion and assault.
Whether the grant of anticipatory bail to co-accused influences the decision in the instant case.
2 provisions across 2 enactments
Nilam Raj W/o Anil Singh
Raju Kumar @ Rajeev Ranjan
The State of Bihar
Partha Sarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
