Dinesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34518 of 2017 Arising Out of PS.Case No. -293 Year- 2017 Thana -BAGHA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Dinesh Yadav Swaminath Yadav, R/o Village- Chandraha, Rupwalia, P.S.- District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Smt. Sucheta Yadav ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 11.06.2017 in connection with Bagaha (Pathkhauli) P.S. Case No. 293 of 2017 for offences punishable under Sections 406, 420, 467, 468, 471/34 of the Indian Penal Code.

The prosecution case, as lodged by the informant namely Jarina Khatoon, is that two persons Lalan Ram and Shiv Kumar were collecting Rs. 500/- each from the villagers on the pretext that they are working for a N.G.O. Mangal Dal for securing job or loan to the villagers. Thereafter, two accused persons Lalan Ram and Shiv Kumar were apprehended and from their possession cash of Rs. 1200/- and some passbooks were

Patna High Court Cr.Misc. No.34518 of 2017 (3) dt.30-08-2017 2/3 recovered and they disclosed that collected money was given to the petitioner to be handed over to one Harendra Yadav who was head of the N.G.O. 'Mangal Dal'.

It has been submitted by the learned counsel for the petitioner that the petitioner has not been apprehended by the police but on the confessional statement of co-accused he was arrested and was searched but nothing incriminating has been found from his possession. He submits that none of the witnesses have stated that the petitioner took Rs. 500/- each for securing job or loan and the allegations are false. He submits that he has no criminal history. However, learned APP for the State opposes the prayer for bail stating therein that the petitioner is also alleged to be the member of gang for extorting money from the innocent villagers on the pretext of securing loan or job.

Considering the facts and circumstances and the materials on record, let petitioner, above named, 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 learned A.C.J.M, 1st Bagaha, West Champaran in connection with Bagaha (Pathkhauli) P.S. Case No. 293 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner having sufficient immovable property within the jurisdiction of the

Patna High Court Cr.Misc. No.34518 of 2017 (3) dt.30-08-2017 3/3 concerned police station/ court, who will file an affidavit stating his relationship with the petitioner and the petitioner will cooperate and provide necessary papers required during investigation and will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his bail bonds.

(Nilu Agrawal, J) Devendra/- U T