Haresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25817 of 2016 Arising out of PS.Case No. -101 Year- 2016 Thana -SAHARSA District- SAHARSA ====================================================== Haresh Yadav, Son of Ramadhar Yadav, resident of village - Sindheriya, P.S. Kataiya, District - Gopalganj.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Pramod Mishra, Advocate. For the Opposite Party : Mr. Vinod Shankar Modi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-08-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 02.03.2016 in connection with Saharsa P.S. Case No. 101 of 2016 for the offences instituted under Sections 384, 386, 387and 120(B) of the IPC.

The prosecution story, in brief, is that on 08.02.2016 at about 7.43 A.M., the informant received message on his Mobile No. 9431091564 sent from Mobile No. 9060773449 and the persons who telephoned the informant stated his name Samrat and demanded Rs. 1,00,00,000/- as Rangdari and also threatened that in the event of non-payment of such Rangdari, he will have to face dire consequences.

Patna High Court Cr.Misc. No.25817 of 2016 (3) dt.16-08-2016 2/2 It has been submitted on behalf of the petitioner that the petitioner is in custody since 02.03.2016 and the charge sheet has been submitted in the present case. There is no allegation of tampering of the witnesses alleged against the petitioner. He has got no criminal antecedent. The petitioner is a vegetable vendor in Mumbai. He has been made accused in the present case due to mistake of fact. The mobile used for demanding ransom belongs to one Premlata Kumari. The other co-accused have been granted bail by another co-ordinate Bench of this Court vide Cr. Misc. Nos. 17080 of 2016, 17505 of 2016 and 19066 of 2016. On behalf of the State it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saharsa, in connection with Saharsa P.S. Case No. 101/2016. U.K./- (Sudhir Singh, J) U T