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Patna High CourtCR. MISC./3408/2023bail granted

Shubham Yadav @ Shubham Kumar v. The State Of Bihar

2023-05-02Mr. Justice Shailendra Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3408 of 2023 Arising Out of PS. Case No.-201 Year-2018 Thana- HATHAURI District- Muzaffarpur ====================================================== SHUBHAM YADAV @ SHUBHAM KUMAR, male, aged about 23 years, Son of Ganesh Yadav R/o Korlahiya Chaki, P.S.- Runisaidpur, DistrictSitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kaushal Kishor, Advocate Ms. Jyoti Kumari, Advocate For the Opposite Party/s :

Mr. Suresh Pd. Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-05-2023

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

2. Petitioner seeks regular bail in connection with Hathauri P.S. Case No. 201 of 2018 dated 28.09.2018 registered for the offence(s) punishable under Section(s) 387, 504 and 506 of the Indian Penal Code.

3. The main submissions advanced by the learned counsel for the petitioner are that the allegation of making extortion demand is completely false, in fact there was some aggressive talk in between son of the informant and the petitioner and in that course, the petitioner used his mobile phone to call the informant, no doubt he used some objectionable words in that conversation but he did not make

Patna High Court CR. MISC. No.3408 of 2023(2) dt.02-05-2023 2/2 any extortion demand from the informant and that conversation was used by the informant to falsely impose allegations upon the petitioner and moreover the petitioner has been languishing in jail since 15.10.2022 and against him, the investigation has been completed.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the petitioner's fair and clean antecedent, completion of investigation against him and also the fact that there is no allegation of delivery of money by the informant which was demanded by the petitioner, in the opinion of this Court a lenient approach can be taken in respect of the petitioner's prayer, let the petitioner be released on bail in connection with Hathauri P.S. Case No. 201 of 2018 on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned. (Shailendra Singh, J) Sanjay/- U T