Mangan Yadav @ Niranjan Yadan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50274 of 2022 Arising Out of PS. Case No.-160 Year-2022 Thana- PURNEA SADAR District- Purnia ====================================================== MANGAN YADAV @ NIRANJAN YADAN Son of Late Agam Lal Yadav R/o village - Anup Nagar, Belouri, P.S.- Mufassil, District - Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N.K. Agrawal, Sr. Adv.

For the Opposite Party/s :

Mr.Amit Kumar Rakesh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 10-01-2023 Heard Mr. N.K. Agrawal, learned Senior Counsel for the petitioner and the learned APP for the State. The petitioner apprehends his arrest in connection with Sadar (Mufassil) P.S. Case No.160 of 2022 instituted under Sections 147,148,149,34,323,307,387,379,504,506 of the Indian Penal Code and 27 of the Arms Act.

As per the prosecution story, the informant has alleged that the accused persons including the petitioner herein barged into his house and further while one Saurav Singh put pistol on his temporal region, the petitioner pointed rifle on his chest and demanded 'rangdari' and further allegation against Saurav Singh is of snatching gold chain worth Rs.5000/- as also assault causing injury to him.

Learned Senior Counsel for the petitioner submits that a bare perusal of the FIR would show that no case under Section 307 of the IPC is made out. Further there is omnibus allegation against

Patna High Court CR. MISC. No.50274 of 2022(2) dt.10-01-2023 2/2 them and so far as this petitioner is concerned, only allegation is of putting rifle on the chest and exaggerated allegation of demand of extortion. The last submission is that he do not have criminal antecedent.

Learned APP on the other hand submits that perusal of the FIR would show that the petitioner tried to put fear to the informant's side and demanded 'rangdari' of Rs.5,00,000/-. Taking into account the kind of accusation as also the fact that the petitioner do not have any criminal antecedent, this Court is inclined to grant him relief.

Let the petitioner be released on bail, in the event of his arrest or surrender before the Sub-ordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each in connection with Sadar (Mufassil) P.S. Case No.160 of 2022 to the satisfaction of learned Chief Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Rajiv Roy, J) Prakash Narayan / Ajay U T