Santan Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5928 of 2022 Arising Out of PS. Case No.-134 Year-2021 Thana- IMAMGANJ District- Gaya ====================================================== Santan Yadav Son of Jageshar Yadav Resident of Village- Anjaniya Tad, P.S.- Pratappur, District- Chatra (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr.Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-09-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Imamganj P.S. Case No. 134 of 2021 registered for the offence under Sections 341, 323, 385, 387, 504, 506 and 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 03.10.2021.

The allegation against the petitioner is to extort informant and others, where demand of levy was raised along

Patna High Court CR. MISC. No.5928 of 2022(3) dt.20-09-2022 2/3 with other co-accused persons.

Learned counsel appearing on behalf of the petitioner submitted that allegation as regard to extortion is very much general and omnibus, where only incriminating appears that petitioner was identified, which is very obvious being residence of nearby locality. It is further submitted that petitioner has falsely been implicated in this case due to local differences and political rivalry. While concluding the argument, it is submitted that no transaction has been made in this case, where investigation of this case is complete, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail, fairly conceded the fact that FIR is not speaking about any transaction, in furtherance of demand.

Considering the facts and circumstances as mentioned above, as allegation of extortion is very much general and omnibus against this petitioner coupled with the fact that charge-sheet has already been submitted, let the petitioner, above named, is directed to be released on bail in connection with Imamganj P.S. Case No. 134 of 2021 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties

Patna High Court CR. MISC. No.5928 of 2022(3) dt.20-09-2022 3/3 of the like amount each to the satisfaction of learned J.M.,1st Class, Sherghati (Gaya)/concerned court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T