Pawan Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32222 of 2021 Arising Out of PS. Case No.-6 Year-2021 Thana- KHAIRA District- Jamui ====================================================== PAWAN KUMAR YADAV S/O MAHESH YADAV R/o village- Harni, P.S.- Khaira, Distt.- Jamui ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prabhat Ranjan Singh, Adv.
For the Opposite Party/s :
Mr. Raj Kishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-12-2021 Heard Mr. Prabhat Ranjan Singh, learned counsel for the petitioner and Mr. Raj Kishore Singh, Additional Public Prosecutor for the State.
Petitioner seeks regular bail in connection with Khaira PS Case No. 06/2021 registered for the offence punishable under Sections 420, 467, 468, 471, 120B/34 of the IPC. The allegation, as per First Information Report, is that one Rohit Kumar procured a SIM Card of Airtel bearing No. 9031381815 from one Ranjan Kumar, proprietor of Ranjan Electronics on the basis of fake ID of Pawan Kumar Yadav i.e., petitioner and the petitioner, allegedly, used that SIM for the purpose of demanding extortion of Rs. 50 Lacs from the Bridge Contractor.
Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.32222 of 2021(2) dt.15-12-2021 2/3 petitioner has falsely been implicated in this case by the SHO of Khaira Police Station who is bearing grudge against the petitioner inasmuch as the father of the petitioner is a reputed businessman and he was being harassed by the SHO, Khaira Police Station which was being objected by the petitioner. Learned counsel further submits that upon perusal of the First Information Report, it would be evident that no case under Sections 420 and 120B etc., is made out against the petitioner inasmuch the allegation that the petitioner used the said SIM Card for the purpose of demand of extortion money from the contractor which was procured/obtained by submitting a forged document but the fact of the matter is that the SIM Card in question was activated on 29.12.2020 but the demand of levy/extortion money from the contractor has been alleged on 27.12.2020 i.e., two days prior to the activation of the SIM Card.
Learned counsel further submits that after lodging of the present FIR and arrest of the petitioner on 04.02.2021, he has falsely been implicated in three other cases by the SHO. Learned counsel for the petitioner further submits that petitioner is in custody since 04.02.2021.
Regard being had to the submissions made by the
Patna High Court CR. MISC. No.32222 of 2021(2) dt.15-12-2021 3/3 parties and taking into consideration the material on record and the nature of allegation and the fact that the SIM was activated after the allegation that the petitioner demanded extortion amount for which a separate FIR has been lodged by the contractor bearing Khaira PS Case 539/2020, petitioner is in custody since 04.02.2021 and the charge-sheet, in the matter, has already been submitted, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, PAWAN KUMAR YADAV 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 learned Chief Judicial Magistrate, Jamui in connection with Khaira PS Case No. 06/2021. (Anil Kumar Sinha, J) perwez U T