Koushal Kumar Mahto @ Kaushal Kumar v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR Mr. Raja Ram Mishra, Advocate Mr. Ajit Kumar, APP ORAL ORDER 2 13-09-2024 Heard the learned Advocate for the petitioner and the learned Additional Public Prosecutor for the State.

The petitioner apprehends his arrest in connection with Bibhutipur P.S. Case No. 150 of 2023, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 384, 385 and 506 of the Indian Penal Code.

The allegation against the petitioner is of demand of extortion from the shopkeepers and creating panic in the public by waiving pistol in his hand along with other accused persons.

Learned Advocate for the petitioner adverting to the averments made in the FIR submitted that the FIR has been instituted by local chaukidar. Neither he is the eyewitness to the Patna High Court CR. MISC. No.57252 of 2024(2) dt.13-09-2024 alleged occurrence nor any of the shopkeepers of the market filed any complaint with regard to the extortion or demand of rangdari. The only allegation against the accused person, including the petitioner is that they were moving on a motorcycle with the arms but there is no eyewitness to such incidence. It is next contended that in fact on account of one criminal antecedent in connection with excise matter, the petitioner had some inimical term with chaukidar and due to which his name has been implicated in the present case.

On the other hand, learned counsel for the State opposed the pre-arrest bail application and submits that there is a specific allegation against the petitioner of creating panic amongst the shopkeepers.

Regard being had to the submissions made on behalf of the parties and considering the fact that none of the shopkeepers has come forward to support the allegation made in the FIR and, moreover, the informant, who instituted the FIR is not an eyewitness to the alleged occurrence, let the petitioner above named be released on bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two Patna High Court CR. MISC. No.57252 of 2024(2) dt.13-09-2024 sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicail Magistrate, Rosra, Samastipur in connection with Bibhutipur P.S. Case No. 150 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioner. shivank/- U T (Harish Kumar, J)