Sanjay Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32484 of 2023 Arising Out of PS. Case No.-200 Year-2019 Thana- BANKA District- Banka ====================================================== SANJAY KUMAR YADAV Son of Bishwanath Yadav R/o Village - Fullidumar, P.O.- Manjira, P.S. and District - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Pandey For the Opposite Party/s :

Mr.Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

1. The petitioner is apprehending his arrest in connection with Banka P.S. Case No. 200 of 2019 registered for the offences punishable under Section 387 of the Indian Penal Code.

2. As per prosecution case, FIR has been lodged against the holder of SIM no. 8677841814 and 7635052316. It is alleged that by the phone call of the aforesaid sim numbers, extortion money of Rs. 4,00,000/- was demanded from the informant and threatening call was also given to the informant for non-fulfillment of said extortion money.

3. Learned counsel for the petitioner submits that petitioner is not named in the FIR and his name has been surfaced in the present case upon the confessional statement of co-accused Shubham Kumar. Except confessional of co-accused, there is nothing

Patna High Court CR. MISC. No.32484 of 2023(2) dt.14-07-2023 2/2 on record to connect the petitioner with the alleged occurrence. He further submits that petitioner bears no criminal antecedent. Learned counsel further submits that petitioner is not the holder of the alleged mobile numbers. Petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case.

4. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

5. Considering the facts and circumstances of the case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Banka P.S. Case No. 200 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Alok Kumar Pandey, J) vashudha/- U T