Pradeep Kumar Yadav @ Pradeep Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10512 of 2020 Arising Out of PS. Case No.-216 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== Pradeep Kumar Yadav @ Pradeep Yadav, aged about 24 years, Gender-Male, Son of Birendra Yadav Resident of Village - Distauli, P.S.- Khampur, Distt - Deoria, Uttar Pradesh.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Indrajeet Bhushan For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 29-06-2020 Heard Mr. Ratnakar Pandey, learned counsel for the petitioner and counsel for the State.
In this case, the petitioner is seeking bail in connection with Mirganj P.S. Case No. 216 of 2019 registered for offences under sections 387, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.
On 2.9.2019, the Informant has given a statement before the police in the hospital that while he was in his house, his one of the staff told him that one person has come to give some goods. When he came out from the house, he identified two persons on a motorcycle, namely, Rampravesh Singh and his son Karan Singh and another Vishal Singh with two persons on another motorcycle to whom he could not identify.
Patna High Court CR. MISC. No.10512 of 2020(5) dt.29-06-2020 2/3 Thereafter, Vishal Singh, pointing towards Rampravesh Singh and Karan Singh, asked the Informant that when they asked him to send the amount of extortion then why he did not send the same and now who will save him. Just thereafter, he took out revolver from his waist whereupon the Informant started to flee away. In the meantime, Vishal Singh fired at the Informant due to which he fell down. He was brought to the hospital and he gave the statement before the police.
Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report. He further submits that the petitioner is a resident of U.P. and he had come to Mirganj to meet his one of the friends but, the police has caught him and has been remanded in all the seven cases. He again submits that he is not named in either of the seven cases and has wrongly framed in the present case. Counsel for the State submits that the name of the petitioner has come during investigation and has been found in different paragraphs that he is one of the associates of Vishal Singh gang which operates in that area and their main job is to kill his enemies demanding extortion money. When a person do not make payment of extortion then he used to kill him. Vishal Singh in his confessional statement has given details
Patna High Court CR. MISC. No.10512 of 2020(5) dt.29-06-2020 3/3 meticulously about his involvement in different cases and has also taken the name of the present petitioner being an active associate in all the cases. The petitioner himself has made a statement about his involvement being a member of the associate.
It appears that a group of persons have formed a syndicate and their main job is to demand extortion and when the businessman fails to pay the money, they used to finish him. The petitioner has criminal antecedents being involved in altogether seven criminal cases as has been explained in paragraph no.3 of the present bail application. Looking to the nature of allegation as also considering the entire facts and circumstances of the case, this Court is not inclined to grant bail to the petitioner.
Accordingly, the prayer for bail of the petitioner, above named, is rejected.
(Shivaji Pandey, J) rishi/- U T