Phudan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33912 of 2022 Arising Out of PS. Case No.-156 Year-2021 Thana- ARWAL District- Jehanabad ====================================================== Phudan Yadav S/o Amit Yadav @ Ajeet Yadav Resident of Village- Dihpali, P.S.- Paliganj, District- Patna.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Sinha For the Opposite Party/s :
Mr.Rajendra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-10-2022 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 307, 379 and other allied sections of the Indian Penal Code and section 27 of the Arms Act.
As per the prosecution case, all the FIR named accused persons including petitioner and 40-45 unknown persons came to the construction site of informant and demanded Rs. 5 lakhs as protection money and on protest, the accused persons assaulted the informant with butt of rifle and also assaulted one Praveen Kumar by means of rod and Khanti. Co-accused Anil Yadav took away gold chain.
It is submitted that allegation of assault and demand
Patna High Court CR. MISC. No.33912 of 2022(2) dt.20-10-2022 2/2 of extortion money is general and omnibus and no specific overt act has been alleged against this petitioner. Similarly situated co-accused Harishankar Kumar and Rabinder Kumar have been granted bail by this Court.
Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Arwal, Jehanabad in connection with Arwal P.S. Case No. 156 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) vinita/- U T