Yogendra Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24020 of 2016 Arising Out of PS.Case No. -14 Year- 2016 Thana -MARKAHI District- KHAGARIA ====================================================== Yogendra Das S/o Jageshwar Das .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Chandra, Advocate For the Opposite Party/s : Mr. Ram Bachan Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 30-05-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section sections 341/323/379/386/504/506/34 of the Indian Penal Code. Prosecution case is that on 04.02.2016 while the informant was irrigating his field, the petitioner along with other co-accused variously armed came there when on the order of the petitioner, the accused persons by pointing pistol on the chest of the informant demanded rupees one lakh as extortion. It is further alleged that co-accused Mukesh Das and Pankaj Das assaulted at the back of the informant and asked to pay extortion of Rs.50,000/- each year. The accused persons also took away urea fertilizers along with other cultivating tools. It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.24020 of 2016 (2) dt.30-05-2016 2/2 the accusation of assault is not against the petitioner and the petitioner is simply an order giver. In fact, the accusation has been levelled in the background of earlier 144 Cr.P.C. proceeding with regard to a piece of land in question when the informant was directed by the learned Sub-Divisional Magistrate for filing title suit. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned SDJM, Khagaria, in connection with Morkahi P.S. Case No.14/2016, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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