Mithilesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48832 of 2022 Arising Out of PS. Case No.-125 Year-2022 Thana- CHANDAUTI District- Gaya ====================================================== 1.

Mithilesh Yadav S/o Ramanad Yadav Resident of Village- Agraili, P.S.- Chandauti, District- Gaya.

2.

Kamlesh Yadav S/o Ramanand Yadav Resident of Village- Agraili, P.S.- Chandauti, District- Gaya.

3.

Satendra Yadav S/o Mahesh Yadav Resident of Village- Agraili, P.S.- Chandauti, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Bahadur Singh For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-12-2022 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 504, 384 and 386 of the Indian Penal Code and section 27 of the Arms Act.

As per the prosecution case, petitioners are alleged to have extorted money as Rangdari from the informant and forcibly took away wheat crops and petitioner nos. 1 and 2 also fired from their pistols.

It is submitted that a civil suit bearing Title suit No.

Patna High Court CR. MISC. No.48832 of 2022(2) dt.13-12-2022 2/2 15 of 2015 is pending between the parties and due to land dispute, petitioners have been falsely implicated in this case. Though, there is allegation of firing, but none has sustained firearm injury. Allegation of assault and demand of extortion is general and omnibus against all 13 named accused persons including petitioners.

Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate III, Gaya in connection with Chandauti P.S. Case No. 125 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T