Abhay Kumar Yadav @ Abhay Rai @ Abhay Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13960 of 2020 Arising Out of PS. Case No.-6 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== Abhay Kumar Yadav @ Abhay Rai @ Abhay Kumar Rai, aged about 31 years, Male, S/o Sri Surendra Rai Resident of Village- Rampur Pokhri, P.S.- Tariyani, Distt- Sheohar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sunil Prasad Singh For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 04-12-2020 Heard learned counsel for the petitioner and learned counsel for the State.

On last occasion, this Court had directed Mr. Binod Kumar No.3 to peruse the case diary and assist the Court. Accordingly, he has appeared today and assisted the Court. In this case, the petitioner is seeking bail in connection with Mahindwara P.S. Case No. 06 of 2019 registered for offences under sections 302/34/120B/216 of the Indian Penal Code and Section 27 of the Arms Act. In the present case, a Munshi of the Contractor has been killed just because he refused to pay the extortion money as demanded by the accused persons.

There is a gang operating in the area who use to

Patna High Court CR. MISC. No.13960 of 2020(4) dt.04-12-2020 2/2 demand extortion money, on refusal, they use to stop the work as also the refusal entails the death certificate. In the present case also, the road Contractor was demanded extortion money but, his Munshi refused to pay the same, later on, the accused persons including the present petitioner went to Munshi and asked him as to why the money was not given. Before the Munshi could reply, the bullet was pumped in his body. Looking to 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