Ashok Kumar @ Ashok Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.24385 of 2022 Arising Out of PS. Case No.-121 Year-2021 Thana- PANCHRUKHI District- Siwan ====================================================== 1.
ASHOK KUMAR @ ASHOK YADAV Son of Raj Banshi @ Bali Yadav Resident of Village - Pengwara, P.s.- Pachrukhi, Distt.- Siwan, Bihar. 2.
Santosh Yadav @ Santosh Kumar Yadav Son of Late Kishun Yadav Resident of Village - Pengwara, P.s.- Pachrukhi, Distt.- Siwan, Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prashant Kumar, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 15-11-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 384, 387 and 34 of the Indian Penal Code.
Learned counsel for the petitioners submits that petitioner no.1 is a person with clean antecedent, petitioner no.2 has antecedent of two cases and the informant alleges that on 25.05.2021 at 6:45 pm, he got a call from a person named Verma Yadav who asked about his whereabouts, thereafter Santosh and Verma Yadav arrived at the place of occurrence and threatened the informant on point of gun and forcefully made
Patna High Court CR. MISC. No.24385 of 2022(3) dt.15-11-2022 2/3 him sit on their motorcycle and thereafter it is alleged that the accused persons, including the petitioners, demanded extortion of Rs. 5 lakhs from the informant to be deposited in the account of Tajuddin Ansari and threatened that if the amount is not paid, he would be killed, further when mother and cousin of the informant came, the accused persons left after threatening them. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case, it is next submitted that allegation of extortion is also not specific, it is further submitted that mobile also does not belong to the petitioners from which the informant received the call as the same is in the name of Verma Yadav. Learned counsel submits that the petitioners have been falsely implicated on account of dispute relating to panchayat election.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like
Patna High Court CR. MISC. No.24385 of 2022(3) dt.15-11-2022 3/3 amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Pachrukhi P.S. Case No. 121 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishi/- U T