Buland Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27276 of 2023 Arising Out of PS. Case No.-24 Year-2022 Thana- SONBERSA District- Saharsa ====================================================== Buland Yadav Son Of Late Aharfi Yadav Resident Of Village- Ratehpur, PsSonbarsa (KASH Nagar Op) Distt- Saharsa ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Shiva Shankar Sharma, Advocate For the Opposite Party :

Ms/Mrs. Sharda Kumari, Addl Public Prosecutor for the informant Mr. Ashutosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-07-2023 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in a case registered for the offence punishable under sections 307/379/385/34 and other allied sections of the Indian Penal Code. On the alleged date and time of the occurrence, while the informant was going to cast vote in Panchayat election all the accused persons surrounded him and this petitioner demanded ransom of Rs.1.5 lacs and gave order upon which all the accused persons assaulted the informant. It is further alleged that the present occurrence has taken place due to Panchayat election.

It is submitted on behalf of the petitioner that the petitioner is merely order giver and there is delay of two days in lodging of the FIR and there is no explanation of delay which

Patna High Court CR. MISC. No.27276 of 2023(2) dt.11-07-2023 2/2 itself creates doubt over the veracity of the allegation. Allegation of demand of ransom by the petitioner has been found to be false during investigation.

Learned counsel for the State as well as the informant oppose the prayer for bail.

Considering the aforesaid facts of the case, prayer for bail of the petitioner is allowed. In the event of arrest/surrender within six weeks from today, let the petitioner, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate 1st class, Saharsa in Sonbarsa Kashnagar OP Police Station Case No. 24 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T