Upendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23187 of 2016 Arising Out of PS.Case No. -446 Year- 2015 Thana -AGAMKUAN District- PATNA ====================================================== Upendra Yadav, son of Lakhan Yadav, resident of Village-Nandlal Chhapra, P.S.-Ramkrishna Nagar, District-Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vipin Kumar Singh For the Opposite Party/s : Mr. Anusaiya Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-05-2016 Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 323, 341, 384, 307, 379 of the Indian Penal Code. The prosecution case is that the son of the informant Kausik Kumar and Neeraj Kumar went on the motorcycle but on the way six F.I.R named accused persons including the petitioner and four unknown stopped the informant's son and Neeraj Kumar and when the informant went there then extortion demand of Rs. 20,000/- was demanded and on non-payment of the same son of the informant and Neeraj Kumar were assaulted and gold chain of the son of the informant was snatched.

It is submitted by learned counsel for the petitioner that accusation is omnibus and general against the petitioner. For the occurrence of 16.10.2015 the injured were examined by the private doctor on 24.10.2015. It is further

Patna High Court Cr.Misc. No.23187 of 2016 (2) dt.24-05-2016 2/2 submitted that F.I.R was registered on 16.10.2015 which reached to the ACJM on 19.10.2015 which suggests that by ante-dating the F.I.R was registered.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. The aforesaid facts constitute ground for consideration of prayer for regular bail, if the petitioner surrenders within a period of six weeks in connection with Agamkuan P.S. Case No. 446 of 2015, pending in the Court of learned Additional Chief Judicial Magistrate, Patna City. It is expected from the learned Court below to dispose of the regular bail application of the petitioner preferably on the same day.

With the observations above, the application stands disposed of.

(Dinesh Kumar Singh, J) Shageer/- U T