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Patna High CourtCR. MISC./61946/2017bail granted

Balmukund Yadav @ Ravikant v. The State Of Bihar

2018-01-18Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61946 of 2017 Arising Out of PS.Case No. -370 Year- 2016 Thana -SHEKHPURA District- SEKHPURA ======================================================

1. Balmukund Yadav @ Ravikant, S/o Banarsi Prasad Yadav @ Banarsi Yadav, R/o Kare, P.S.& District- Sheikhpura, Bihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Avanish Kumar Singh For the Opposite Party/s : Mr. Sri Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-01-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Sheikhpura P.S. Case No.370 of 2016 registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 386 and 506 of the Indian Penal Code and Section 27 of the Arms Act. The allegation as per written report is that this petitioner and five others armed with deadly weapons came at the place of informant and demanded ransom to the tune of Rs.1 lac for allowing him to fish.

It has been submitted that the allegation of assault and demand of ransom is omnibus against as many as six persons. The petitioner allegedly shot fire which did not hit any person and nobody sustained any injury in the said occurrence. The petitioner is in custody since 23.06.2017.

Patna High Court Cr.Misc. No.61946 of 2017 (3) dt.18-01-2018 The learned A.P.P. for the State opposed the submission.

Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheikhpura in connection with Sheikhpura P.S. Case No.370 of 2016 corresponding to G.R. No.1487 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail. (Sanjay Kumar, J) Harish/- U