Krishna Prasad @ Krishna Kumar vs State Of Jharkhand

Gautam Kumar Choudhary, J

Heard learned counsel for the petitioner and learned counsel for the State.

The present application has been filed for grant of anticipatory bail to the petitioner in connection with Hazaribagh Sadar P.S. Case No.17 of 2020 registered for the offences under Sections 379, 323, 387, 386 and 504 of the Indian Penal Code, pending in the Court of the learned Chief Judicial Magistrate, Hazaribagh.

As per the complaint petition which is the basis of this case, the complainant is the owner of a Truck bearing registration No.JH02AE 0235 (Hywa Truck) which was plying on hire and purchase. It is said that this petitioner and co-accused namely Deepchand Mahto forcibly removed the vehicle which he had purchased from Most. Soni Kumari (the widow of Sunil Prasad), who happens to be the daughter-in-law of the accused namely, Deepchand Mahto. Though the vehicle was purchased by Sunil Prasad but unfortunately, he died and the vehicle was transferred in the name of the complainant.

It has further been stated when the complainant requested the accused persons to return the vehicle then rupees five lakhs have been demanded by them as extortion. It is further submitted by the learned counsel for the petitioner that the said incident took place on 09.06.2019 but there has been delay of more than two months in filing the complaint without any explanation for the same. The vehicle was purchased by the son of the co-accused on bank loan and also after taking financial assistance from the petitioner to the tune of Rs.3,60,000/- by way of family loan to which they had agreed to re-pay the said amount to the petitioner and out of the said amount, Rs.50,000/- was returned and Rs.3,10,000/- was due. On demand of the said amount, the present case has been lodged.

Lastly, it is submitted that the vehicle under dispute has been recovered and restored by the police to the complainant and the co-accused namely Deepchand Mahto has also been enlarged on regular bail in B.A. No.3282 of 2022 vide order dated 09.05.2022.

Counsel for the State has opposed the prayer for bail.

In the aforesaid facts and circumstances of the case, the petitioner is granted privilege of anticipatory bail. Hence, in the event of his arrest or surrender within a period of two weeks from the date of this order, the petitioner shall be released on bail on furnishing bail bond of Rs.25,000/-(Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Hazaribagh in connection with Hazaribagh Sadar P.S. Case No.17 of 2020, subject to the conditions as laid down under section 438 (2) Cr. P.C.