Patna High CourtCR. MISC./38084/2017allowed

Shankar Yadav v. The State Of Bihar

2017-08-10Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38084 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -SANGRAMPUR District- MUNGER ====================================================== Shankar Yadav, S/o Shri Udho Yadav, resident of village - Kumarsar, P.S.- Sangrampur, District - Munger .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranav Kumar Jha, Advocate. For the Opposite Party/s : Mr. Upendra Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 10-08-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Sangrampur P.S. Case No. 19 of 2017 registered under Sections 385 and 386 of the Indian Penal Code and Section 27 of the Arms Act. The petitioner and co-accused are said to have resorted firing in air in order to demand extortion from Balughat. It is submitted by learned counsel for the petitioner that though the petitioner and other accused persons are said to have resorted firing in the air, but no empty cartridge was found at the place of occurrence. It is not mentioned in F.I.R. that from whom the petitioner has demanded extortion. The allegation levelled against the petitioner is not specific rather omnibus. The offence under Section 386 is not made out against him. There is no

Patna High Court Cr.Misc. No.38084 of 2017 (2) dt.10-08-2017 2/2 complaint made by anyone against the petitioner regarding demand of extortion from him. The petitioner has been languishing in custody since 24.05.2017.

Considering the facts aforesaid, the above named petitioner is directed to 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 the learned Additional Chief Judicial Magistrate-II, Munger in connection with Sangrampur P.S. Case No. 19 of 2017.

(Prakash Chandra Jaiswal, J) Mishra/- U T