The Patna High Court rejected anticipatory bail for petitioners no.1 and no.2 due to specific overt acts in a theft-by-extortion case but granted anticipatory bail to petitioners no.3 and no.4 subject to conditions.
Anticipatory bail allowed for petitioners no.3 & 4 on furnishing bond of Rs.25,000 with sureties; rejected for petitioners no.1 & 2.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.13046 of 2023
Arising Out of PS. Case No.-1504 Year-2022 Thana- VAISALI COMPLAINT CASE District- Vaishali
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... ... Opposite Party/s
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Appearance : For the Petitioner/s : Mr. Niranjan Parihar For the Opposite Party/s : Mr. Mritunjay Kumar Nirala ======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
APP for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 363 and 365 of the Indian Penal Code pending in the learned court below.
As per the complaint case there is allegation against the petitioners no.1 & 2 that they demanded ransom of Rs.4,00,000/- otherwise they would commit murder of the daughter of the daughter.
Patna High Court CR. MISC. No.13046 of 2023(3) dt.11-05-2023 2/3
Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. He submits that petitioners are poor labourers and the are resident of far away place from the P.O. village i.e. 15 K.M. He further submits that petitioners have got no criminal antecedent as stated in para-3 of the bail application.
Learned APP for the State opposes for prayer for bail. Considering the facts and circumstances of the case and the fact that there is specific overt act against petitioners no.1 & 2, I am not inclined to enlarge the petitioners no.1 & 2 on bail in connection with Complaint Case No. 1504/2022. Accordingly, their prayer for anticipatory bail is hereby rejected.
Considering the aforesaid facts and circumstances, let the petitioners no.3 & 4, named above, in the event of their arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Complaint Case
Patna High Court CR. MISC. No.13046 of 2023(3) dt.11-05-2023 3/3
No.1504/2022, subject to the condition as laid down under
Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J)
ajay/-
U T
2 issues framed by the court
Whether anticipatory bail is to be granted to petitioners no.1 and no.2 facing charges of ransom and threat to commit murder.
Whether anticipatory bail is to be granted to petitioners no.3 and no.4 under Section 438 Cr.P.C.
2 provisions across 2 enactments
Golu Kumar
Naresh Bhagat @ Naresh Kumar
Sanjeet Kumar @ Sanjeet Bhagat
Shambhu Bhagat @ shambhu Kumar Singh
The State of Bihar
Monika Devi W/o Guddu Pandey
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
