Arvind Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41772 of 2023 Arising Out of PS. Case No.-125 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== Arvind Yadav Son Of Nahak Yadav Resident of Village- Agraili, PSChandauti, District- Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sheikh Arkan Ahmad For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 11-09-2023 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 a case registered for the offences punishable under Sections 147, 148, 149, 341, 223, 504, 384, 386 of the Indian Penal Code and 27 of Arms Act.

As per allegation in the FIR, the informant along with two other persons were surrounded by 15-20 persons, who demanded Rs. 50,000/- as extortion and the informant out of fear gave Rs. 5,000/- to this petitioner and Rs. 5,000/- to the other coaccused namely, Manoj Yadav meanwhile two other co-accused persons made air-firing.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and has committed no offence. He has falsely been implicated in the present case. There is land dispute

Patna High Court CR. MISC. No.41772 of 2023(3) dt.11-09-2023 2/2 and a Title Suit bearing no. 15 of 2015 has been filed by the informant and the petitioner is bonafide purchaser of the said land is the place of occurrence. No any incriminating article has been recovered from the conscious possession of the petitioner. Similarly situated co-accused namely, Manoj Yadav has already been enlarged on bail by another coordinate Bench of this Court vide order dated 06.12.2022 passed in Cr. Misc. No. 45782 of 2022 which is annexed as Annexure-2 of this petition. It is also submitted that petitioner is languishing in judicial custody since 19.03.2023.

Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Chandauti P.S. Case No.125 of 2022 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 A.C.J.M.-III, Gaya.

(Sunil Kumar Panwar, J) lata/- U T