Rajesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43716 of 2021 Arising Out of PS. Case No.-151 Year-2020 Thana- ISHAKCHAK District- Bhagalpur ====================================================== 1.

Rajesh Yadav Son of Late Chhatu Yadav Resident of Mohalla- Ishakchak, P.S.- Ishakchak, District- Bhagalpur.

2.

Kailash Yadav @ Kaila Yadav Son of Late Chhatu Yadav Resident of Mohalla- Ishakchak, P.S.- Ishakchak, District- Bhagalpur. 3.

Kukku Yadav @ Sanjay Yadav Son of Late Chhatu Yadav Resident of Mohalla- Ishakchak, P.S.- Ishakchak, District- Bhagalpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Geeta Kumari Jha,Adv.

For the Opposite Party/s :

Mr.Ajay Kumar Jha,APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2.

01-11-2021 Heard learned counsel for the parties.

Petitioners pray for bail in Ishakchak P.S. Case No. 151 of 2020, registered for the offence under Sections 341, 323, 504, 379, 385/34 of the Indian Penal Code.

As per the prosecution case, the petitioners on the alleged date and time demanded ransom from the informant and on refusal, snatched Rs. 10,000/- from his pocket on the point of pistol.

It is submitted on behalf of petitioners that though, the alleged occurrence is said to have taken place on 27.10.2020, but F.I.R. has been lodged on 25.11.2020 i.e. after lapse of 28 days and there is no plausible explanation for the same. It is

Patna High Court CR. MISC. No.43716 of 2021(2) dt.01-11-2021 2/2 further submitted that there is land dispute between the parties and all the petitioners are own brothers and the entire family has been falsely implicated in this case. It is further submitted that though petitioners have got criminal antecedent, as stated in paragraph - 3 of the petition, but in all the cases, petitioners are on bail. Petitioner nos. 1 & 2 are in custody since 11.06.2021 and petitioner no. 3 is in custody since 29.04.2021. Investigation is complete.

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

Considering the aforesaid facts and circumstances, the bail petition of petitioners is allowed. Let the above named petitioners be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Bhagalpur in connection with Ishakchak P.S. Case No. 151 of 2020.

(Prabhat Kumar Singh, J.) anay U T