Anand Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8345 of 2018 Arising Out of PS. Case No.-816 Year-2017 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== Anand Yadav Son of Subhash Yadav@ Subhash Prasad Yadav Resident of Muhalla- Gonarlal Lane, Jogsar Kharmanchak, P.S. Adampur, District Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Diwakar Upadhyaya For the Opposite Party/s :

Mr. SRI NAWAL KISHORE PRASAD ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Kotwali P.S. Case No. 816 of 2017 registered under Sections 385, 386, 387 and 34 of the Indian Penal Code.

Four accused persons including the petitioner are said to have been engaged in extortion from the traders extending threat of dire consequences in case of non fulfilment of the demand and have also extracted extortion from them.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. The petitioner has been falsely implicated in this case at the instance

Patna High Court Cr.Misc. No.8345 of 2018(3) dt.16-03-2018 2/2 of his enemy. No trader has either made any complaint or lodged F.I.R. of any extortion etc. against the petitioner. Independent witness has not supported the occurrence. The petitioner has been languishing in custody since 28.11.2017. Though two more cases have been lodged against the petitioner, but he is on bail in the aforesaid cases.

In the facts and circumstances of the case, the above named petitioner 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 C.J.M., Bhagalpur in connection with Kotwali P.S. Case No. 816 of 2017. (Prakash Chandra Jaiswal, J) ajay gupta/- U T