Adhik Yadav And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68719 of 2018 Arising Out of PS. Case No.-19 Year-2017 Thana- CHANDRADIP District- Jamui ====================================================== 1.

Adhik Yadav and Anr Son of Chunarik Yadav.

2.

Bablu Yadav @ Bablu Kumar Son of Nepali Yadav. Both Resident of Village-Islam Nagar, P.S.-Chandradeep, District-Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Sri Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-04-2019 Heard learned counsels for the parties.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,307,504,506 and 385 of the IPC and Section 27 of the Arms Act.

The prosecution case as per the written report of Shrawan Kumar submitted to the SHO, Chandradeep Police Station is to the effect that co-accused Ajay yadav alias Gidra used to demand extortion of Rupees One Lac on mobile phone and threaten of dire consequences if such demand is not fulfilled. It is further alleged that on 6.3.2017 at 10.00 A.M., co-accused Ajay Yadav along with other co-accused persons went to the brick-kiln of the informant when co-accused Ajay Yadav

Patna High Court CR. MISC. No.68719 of 2018(4) dt.15-04-2019 2/3 resorted to fire. It is further alleged that other co-accused persons also opened fire. Petitioners are not named in the FIR but their names sprang up during investigation in the statement of co-accused.

It is submitted by learned counsel for the petitioners that the petitioners are not named in the FIR and the thrust of accusation of demanding extortion is against co-accused Ajay Yadav. Though the petitioners are accused in three other cases but they are on bail in all those cases. Admittedly, no injury has been caused to any one.

Learned APP, after going through the case diary, submits that the petitioners are having criminal antecedent and they are active associates of the main accused.

Considering the thrust of accusation against coaccused Ajay Yadav and the fact that there is no specific accusation of firing or demanding extortion against the petitioners, let the petitioners above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned JM Ist Class, Jamui, in connection with Chandradeep P.S. Case No.19 of 2017, subject to the conditions

Patna High Court CR. MISC. No.68719 of 2018(4) dt.15-04-2019 3/3 laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U