Ashok Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29342 of 2018 Arising Out of PS.Case No. -222 Year- 2017 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Ashok Yadav S/o Late Ram Janam Yadav, R/o Vill.- Bakhari Vairagi Tola, P.S.- Kalyanpur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Mr. Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 21-05-2018 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks regular bail in connection with Kalyanpur PS case no. 222 of 2017 instituted for the offences punishable under Sections 307, 379, 387 and other sections of Indian Penal Code.

The allegation is regarding the petitioner and one other co-accused person having apprehended the informant and thereafter, had demanded Rs. 1 lac extortion money and upon him failing to pay the same, the petitioner is said to have assaulted the informant by butt of his carbine on his left ear resulting in injury to the informant.

The learned counsel for the petitioner submits that though the informant has received butt injury but the same does not appear to be grievous in nature and as far as the petitioner herein is concerned, it cannot be said that the petitioner was involved in the present case and infact hence he has been falsely

Patna High Court Cr.Misc. No.29342 of 2018 (2) dt.21-05-2018 2/2 implicated in the present case merely on the basis of suspicion. It is further submitted that though two cases are pending against the petitioner from before but in both the said cases, the petitioner is on bail. It is submitted that the petitioner is ready to be imposed any condition for the purposes of grant of bail. It is further submitted that the petitioner is languishing in custody since 02.03.2018.

Having regard to the facts and circumstances of the case, the abovenamed petitioner is directed to be released on regular bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, East Champaran at Motihari in connection with Kalyanpur PS case no. 222 of 2017.

It is further directed that the petitioner shall mark his presence before the officer-in-charge of the concerned police station at 10 am on every Monday and in case of failure to do so on two consecutive occasions, the present privilege of bail shall stand cancelled automatically.

(Mohit Kumar Shah, J) rinkee/- U T