Patna High CourtCR. MISC./76042/2018bail granted

Mithilesh @ Jhagarua Yadav v. The State Of Bihar

2018-12-18Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 76042 of 2018 Arising Out of PS. Case No.-376 Year-2018 Thana- KOTWALI District- Munger ====================================================== Mithilesh @ Jhagarua Yadav S/o Siko Yadav, resident of Village- Laldarwaza, P.S. Kotwali, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anurag Saurav For the Opposite Party/s :

Mr. Sri Pranav Kumar ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 18-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks bail in a case registered under Sections 387, 353, 504, 506 of Indian Penal Code. It is submitted by the petitioner's counsel that the allegation of demand of extortion of Rs 10,000/- from the informant Assistant Sub Inspector of Police is prima facie improbable. It is further submitted that it is a case of false implication which is obvious from the fact that the first information report has been lodged belatedly. Petitioner is in custody since 15.09.2018 and in Kashim Bazar Police Station Case No 189 of 2018 registered for the alleged offence under Section 379 of Indian Penal Code, the petitioner is on bail.

Patna High Court Cr.Misc. No.76042 of 2018(2) dt.18-12-2018 2/2 Considering the aforesaid submissions and the facts and circumstances of the case, prayer for bail is allowed. Let the petitioner above named be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Munger in Munger Kotwali Police Station Case No 376 of 2018 subject to the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T