Kamalesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42008 of 2014 Arising Out of PS.Case No. -5 Year- 2011 Thana -CHAND District- BHABHUA (KAIMUR) ====================================================== Kamalesh Yadav .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajani Kant Pandey For the Opposite Party/s : Mr. B.N. Pandey(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-02-2015 Heard both sides.

The petitioner seeks bail in Chand P.S. Case No. 5 of 2011 registered under sections 286, 387/34 of the Indian Penal Code.

The informant alleged that two persons came on a motorcycle and asked him about the rate of paddy. They also took the telephone number of the informant. The informant l further alleged that from mobile No. 07860209985 a call came on which money was demanded. It appears that the petitioner is not named in the first information report.

Learned counsel for the petitioner submits that the I.O. did not r trace about the owner of the mobile. There is absolutely no allegation against the petitioner. Only material is confessional statement of co-accused. Petitioner is in jail since

Patna High Court Cr.Misc. No.42008 of 2014 (4) dt.10-02-2015 2/2 13.08.2014. It appears that the petitioner has got criminal antecedent but there is no evidence against the petitioner that the petitioner has demanded extortion.

Considering the aforesaid facts , the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Chief Judicial Magistrate, Kaimur at Bhabua in Chand P.S. Case No. 5 of 2011. (Prabhat Kumar Jha, J) M.Rahman/- U T