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Patna High CourtCR. MISC./31170/2022allowed

Raja Yadav Alias Sameer Kumar v. The State Of Bihar

2023-03-15Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 31170 of 2022 Arising Out of PS. Case No.-35 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Raja Yadav Alias Sameer Kumar Son Of Subhash Prasad Singh Resident Of Village-Khilwat, P.S.-Bidupur, District-Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-03-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in connection with Bidupur P.S. Case No. 35 of 2020 registered under sections 385 and 386 of the Indian Penal Code.

Allegation against the co-accused persons along with this petitioner is that they used to call the informant's son on his mobile and demanded extortion money. Further alleged that they threatened him if the demand is not fulfilled then they will kill him.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named

Patna High Court CR. MISC. No. 31170 of 2022(5) dt.15-03-2023 2/2 in F.I.R. rather his name has been transpired in this case on the basis of confessional statement other co-accused, namely, Dharmendra Gope before the police. During investigation, there is no any consistent and cogent material available against the petitioner. It is further submitted that the petitioner has been remanded in this case from another case. He is languishing in judicial custody since 24.03.2022.

The application for bail is vehemently opposed by learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Bidupur P.S. Case No. 35 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Vaishali at Hajipur. (Sunil Kumar Panwar, J) shubham/- U T