Awadhesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2439 of 2021 Arising Out of PS. Case No.-127 Year-2020 Thana- RAJAOLI District- Nawada ====================================================== AWADHESH YADAV son of Lakhan Yadav RESIDENT OF VILLAGE MANGODI, GANGATIYA, P.S. RAJAULI, DISTRICT NAWADA ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar For the Opposite Party/s :

Mr. Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 18-05-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual Court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Section 387/34 of the Indian Penal Code and Section 17, 20 & 21 of U.A.P. Act.

The prosecution case, in brief, is that two persons wearing black dress gave a letter to Munshi Jee of the informant, who runs a brick kiln, telling that they are men of Communist Party (Maoist) of India and warned that if the levi is not paid till last date they will have to face dire consequences. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case due to high handedness of the police. The F.I.R. is against unknown. He is

Patna High Court CR. MISC. No.2439 of 2021(3) dt.18-05-2021 2/2 neither named in the F.I.R. nor was apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. No T.I. parade has been conducted. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. It is also submitted that the charge has been framed against the petitioner. The petitioner has been languishing in custody since 05.06.2020. Learned APP for the State opposed the bail petition.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending in connection with Rajauli P.S. Case No.127 of 2020.

The learned Court below is directed to accept the bail bond of the petitioner after verifying the fact that the charge is framed against the petitioner.

(Anjani Kumar Sharan, J) Trivedi/- U T