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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49793 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- PATKHAULI District- West Champaran ======================================================
1. Tetar Devi @ Kisnawati Devi W/O Vinod Yadav R/O Village-Etwa, PS- Matiyariya, District- West Champaran
2. Taukir Khan @ Toukir Khan S/O Sarif Khan R/O Village-Mehnoul Kala, PS-Matiyariya, Distt-West Champaran
3. Chhote Khan S/O Late Samsuddin Khan R/O Village- Chavgharia, PS- Ramnagar, Distt-West Champaran
4. Mohan Sharma S/O Paspat Sharma R/O Village-Chavgharia, PS-Ramnagar, Distt-West Champaran
5. Firoj Shekh @ Feroz Ahamd S/O Sarfuddin Shekh R/O Village-Mehnoul Kala, PS-Matiyariya, Distt-West Champaran
6. Ajabul Sai @ Ajajul Sah S/O Hafijullah Sai @ Neta Sai R/O Village- Mehnoul Kala, PS-Matiyariya, Distt-West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Umesh Kumar Gupta, Adv. For the State : Mr. Binod Kumar, APP For the Informant : Mr. N.K.Agrawal, Sr.Adv. & Mr. Kumar Rajdeep ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 5 13-10-2025 Earlier, the prayer for anticipatory bail of petitioner no. 6 (Ajabul Sai @ Ajajul Sah) already stood dismissed as withdrawn. 2. Today, learned counsel for the petitioners seeks permission to withdrawn this anticipatory bail petition in respect of petitioner no. 1 (Tetar Devi @ Kisnawati Devi), since during pendency of this bail petition, she has been arrested. 3. Permission is accorded. 4. This anticipatory bail petition, in respect of petitioner no. 1, stands dismissed as withdrawn. Patna High Court CR. MISC. No.49793 of 2025(5) dt.13-10-2025 2/3
5. The petitioners (i.e. petitioner no. 2, 3, 4 & 5) apprehend their arrest in a case registered for the offence under Sections 117(1), 127(1), 324(2), 303(1), 319(2), 308(5), 309(6), 2(29), 3(5) of the Bhartiya Nyaya Sanhita. 6. Allegation against these petitioners is that they demanded Rs. 4,65,000/-, as extortion, from the informant. It is also alleged that accused persons forcibly took signature of informant on stamp paper to execute his 15 dhur land and thereafter, looted cash of Rs. 9,000/-, mobile phone & other valuable articles/documents from the informant. It is further alleged by informant that he is handicapped person and earlier, co-accused Tetar Devi took Rs. 5,96,000/- from him and did not want to return and as such, committed alleged occurrence. 7. Learned counsel for the petitioners submits that petitioners are innocent and have been falsely implicated in this case.
No such occurrence, as alleged in the complaint petition, ever took place. There is delay of 25 days in lodging the case but there is no explanation of delay. In fact, there was dispute between informant and co-accused Tetar Devi, since she was Bataydar of informant/complainant. Specific allegation is against co-accused Tetar Devi and there is vague and general allegation against these petitioners. Patna High Court CR. MISC. No.49793 of 2025(5) dt.13-10-2025 3/3
8. Learned senior counsel for the informant vehemently opposed the bail petition. 9. Considering the aforesaid facts and circumstances, let the above-named petitioner nos. 2, 3, 4 and 5, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - 1, Bagaha, West Chaparan in connection with Patkhauli P.S. Case No. 40 of 2025, subject to condition as laid down under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023. 10. This application is, accordingly, disposed of. anay (Prabhat Kumar Singh, J) U T