Dipesh Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51295 of 2024 Arising Out of PS. Case No.-260 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== Dipesh Kumar Yadav S/O Late Ganga Yadav @ Gangai Yadav R/O VillageMohanpur, P.S- Harlakhi, Distt.- Madhubani. ... ... Petitioner/S
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Murari Narain Chaudhary, Adv For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 14-08-2024 Supplementary affidavit has been filed by the learned counsel for the petitioner during the course of the day which is kept on record.
2. Heard learned counsel for the petitioner and learned A.P.P for the State.
3. The petitioner has preferred this application for grant of regular bail in connection with Benipatti P.S. Case No. 260 of 2023 dated 13.11.2023 registered for the offences punishable u/s 341, 342, 323, 504, 506, 384, 386, 379 and 34 of the Indian Penal Code.
4. As per the prosecution case, on 12.11.2023 at about 11:30 A.M. the informant was going to Shivnagar on his uncle's motorcycle. In the meantime, the petitioner and the co-accused
Patna High Court CR. MISC. No.51295 of 2024(3) dt.14-08-2024 2/3 persons surrounded the motorcycle of the informant and demanded Rs. 30,000/- as extortion money. On being refused by the informant, the accused persons took the informant to Purandahi Gachhi and demanded the extortion money on the point of knife. Further, the informant called his uncle and told him to deposit Rs. 10,000/- in the account of Md. Rehab after which the accused persons kept the informant's motorcycle and left him saying that they would give motorcycle to him if Rs. 20,000/- would be paid.
5. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation levelled against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.11.2023.
6. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.
7. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond
Patna High Court CR. MISC. No.51295 of 2024(3) dt.14-08-2024 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Benipatti P.S. Case No. 260 of 2023.
8. The application stands allowed.
(Chandra Prakash Singh, J) Jyoti/- U T