Naresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31538 of 2023 Arising Out of PS. Case No.-174 Year-2022 Thana- VISHNUPAD District- Gaya ====================================================== Naresh Yadav Son of Late Mathura Yadav Resident of Village- Maranpur, P S-Vishunpad, District -Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad, Sr. Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Vishnupad P.S. Case No. 174 of 2022 registered for the offence under Sections 341, 323, 384, 504, 506, 34 of the Indian Penal Code.

The accused/petitioner is named in the F.I.R. and is in custody since 19.03.2023.

The allegation against the petitioner is to advance threat to kill informant and others, if fail to pay Rs. 60,00,000/- (Rupees Sixty Lac) as extortion money as to continue the work of construction on a plot which was purchased by informant in favour of his wife.

Learned counsel appearing on behalf of the petitioner

Patna High Court CR. MISC. No.31538 of 2023(2) dt.20-06-2023 2/3 submitted that the petitioner implicated falsely with present case out of land dispute for which a title suit is pending bearing no. 212/2014 before the Court below. It is submitted that with same set of allegation other named co-accused persons were granted anticipatory bail through Cr. Misc. No. 73336 of 2022 vide dated 24.03.2023 but as petitioner apprehended during pendency of aforesaid anticipatory bail petition, the present prayer for regular bail is before this court. It is submitted that the allegation to demand extortion money is appearing very much general and omnibus against this petitioner. While concluding the argument, it has been submitted that petitioner found involved in eight more criminal cases where in three cases as mentioned in paragraph no.

3 of present bail petition, he has already been acquitted, whereas in the rest of five cases he is on bail and moreover, investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP opposes the prayer of bail.

Considering the facts and circumstances as mentioned above, and by taking note of the nature of general and omnibus allegation as regard to demand of extortion money in the background of longstanding land dispute, where title suit is

Patna High Court CR. MISC. No.31538 of 2023(2) dt.20-06-2023 3/3 pending between the parties coupled with the fact that chargesheet has already been submitted, where petitioner is in custody since 19.03.2023, accordingly, the petitioner, above named, is directed to be released on bail in connection with Vishnupad P.S. Case No. 174 of 2022 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-II, Gaya/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C.

(Chandra Shekhar Jha, J.) pooja/- U T