Santosh Yadav @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47017 of 2023 Arising Out of PS. Case No.-434 Year-2023 Thana- BARACHATTI District- Gaya ====================================================== Santosh Yadav @ Santosh Kumar, Son of Vinay Yadav, Resident of VillageManipar, Nagri, P.S.- Dobhi, Distt- Gaya, Bihar ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Anmol Kumar, Advocate For the Opposite Party/s :

Md. Anbzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. 2.

The accused/petitioner seeks bail in connection with Barachatti P.S. Case No.434 of 2023 registered for the offences punishable under Sections 384, 386 and 387 of the Indian Penal Code.

3.

The accused/petitioner is named in the FIR and is in custody since 08.05.2023.

4.

Allegation against the petitioner is of extortion to truck drivers on National Highway and also to collect cash out of extortion, where on search, he found in possession of Rs.5400/-.

5.

It is submitted that if narration of FIR be taken into consideration then, allegation of extortion as alleged against this petitioner appears out of self-confession, which made before the police. It is submitted that recovered cash is of petitioner and it

Patna High Court CR. MISC. No.47017 of 2023(2) dt.01-08-2023 2/2 is not appearing such an astronomical amount, which can raise any suspicion that same was collected as extortion money. While concluding argument, it is submitted that the petitioner is a man of clean antecedent and moreover investigation of this case is completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence. 6.

Learned APP opposes the prayer for grant of bail to the petitioner.

7.

In view of above-mentioned facts and circumstances, as implication of this petitioner appears out of self-confession before police, which is apparent from the narration of FIR itself, coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 08.05.2023, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-2, Sherghati, Gaya in connection with Barachatti P.S. Case No.434 of 2023, subject to the conditions as laid down under Section 437(3) of the CrPC.

(Chandra Shekhar Jha, J.) Sanjeet/- U T