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Patna High CourtCR. MISC./50460/2018bail granted

Sipendra Yadav @ Sipendra Kumar v. The State Of Bihar

2018-08-31Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50460 of 2018 Arising Out of PS.Case No. -72 Year- 2017 Thana -KIHIRI MORE District- PATNA ======================================================

1. SIPENDRA YADAV @ SIPENDRA KUMAR S/o Late Gorakh Yadav, R/o Vill.- Mauribigha, P.S.- Khirimore, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sinha For the Opposite Party/s : Mr.Anand Kishore Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-08-2018 Heard the parties.

The petitioner seeks pre-arrest bail in Khirimore P.S.Case No.72 of 2017 registered for the offence under Section 341, 323, 307, 386, 379, 504 and 506/34 of the Indian Penal Code. Allegation against the petitioner is of assault to the informant and also of demand of extortion.

Submission of the learned counsel for the petitioner is that the allegation of demand of extortion is ornamental and there is land dispute between the parties and injury is simple in nature which appears from Annexure-4 to this petition.

Patna High Court Cr.Misc. No.50460 of 2018 (2) dt.31-08-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.25,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M.-III, Danapur, in Khirimore P.S.Case No.72 of 2017 subject to the conditions as laid down under Section 438(2) of Cr.P.C. and (1) one of the bailors must be a local person having sufficient immovable property within the jurisdiction of the concerned court. (ii) the petitioner will not induce any witness or tamper with the evidence and the petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) AnilKrSinha/- U