Rakesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34210 of 2022 Arising Out of PS. Case No.-58 Year-2022 Thana- PANCHRUKHI District- Siwan ====================================================== 1.

RAKESH YADAV Son of Nandji Yadav Resident of Village - Mohpur, P.s.- Sarai OP, Distt.- Siwan.

2.

SHAILENDRA YADAV Son of Shambhu Yadav @ Shambhu Nath Yadav Resident of Village - Mohpur, P.s.- Sarai OP, Distt.- Siwan. 3.

BALISTER YADAV Son of Late Mahant Yadav Resident of Village - Mohpur, P.s.- Sarai OP, Distt.- Siwan.

4.

ANURAJ YADAV @ ANURAG YADAV Son of Shiv Kishan Yadav Resident of Village - Mohpur, P.s.- Sarai OP, Distt.- Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Y.C.Verma,Sr.Adv.

Mrs. Priyanka Singh For the Opposite Party/s :

Mr.Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 01-11-2022 Heard learned counsel for the parties.

The petitioners apprehend their arrest in a case registered for the offence under Sections 341, 143, 323, 379, 385, 427, 504, 506, 34 of the Indian Penal Code. As per the prosecution case, on the alleged date and time of occurrence, 8 F.I.R. named persons including petitioners and 25-30 unknown persons sabotaged and looted the petrol pump of the informant for extortion and tried to ablaze the diesel and petrol tank. It is also alleged that accused persons assaulted the staffs of the petrol pump and took away cash of Rs. 75,000/- alongwith one gold chain from one Md. Tanwir (staff of the petrol pump).

Patna High Court CR. MISC. No.34210 of 2022(3) dt.01-11-2022 2/2 Petitioner submits that the entire allegation is false and concocted. As a matter of fact, father of the informant purchased some piece of land of Shardha Math in collusion with Math people, which was opposed by the villagers, and as such, they erected a wall on the said land, and due to this reason, the informant lodged this false case. In fact, no such incident, as alleged in the F.I.R., took place. Petitioners have got clean antecedent.

Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - VI, Siwan in connection with Panchrukhi (Sarai) P.S. Case No. 58 of 2022, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T