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Patna High CourtCR. MISC./53170/2024dismissed

Mirtunjay Yadav @ Mritunjay Kumar @ Piltha v. The State Of Bihar

2024-08-28Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.53170 of 2024 Arising Out of PS. Case No.-1222 Year-2023 Thana- KHAJANCHI HAT District- Purnia ====================================================== Mirtunjay Yadav @ Mritunjay Kumar @ Piltha Son of Late Ravindar Yadav @ Late Rabin Yadav R/O Vill.- Maranga, P.s.- K. Hat (Maranga), Dist.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Pawan Kumar, Adv.

For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 28-08-2024 Heard learned Senior Counsel assisted by learned counsel for the petitioner and learned APP for the State. 2.

Petitioner is apprehending his arrest in connection with K.Hat (Maranga) P.S. Case No.1222 of 2023, registered for the offence punishable u/s 386/34 of the IPC.

3.

As per the prosecution case, petitioner and co-accused Chhotu Yadav are alleged to have called on mobile no7549839915 belonging to the husband of the informant and demanded Rs.30,00,000/- as extortion money and threatened to kill, if not paid.

4.

It is submitted by learned Senior Counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to

Patna High Court CR. MISC. No.53170 of 2024(2) dt.28-08-2024 2/2 ulterior motive. The mobile number from which, threat was given is not registered in the name of petitioner. Only on the basis that petitioner is elder brother of the co-accused Chhotu Yadav, he has been made accused in this case. Petitioner has nine criminal antecedent.

5.

Learned APP for the State opposed the prayer for bail by submitting that there is allegation against the petitioner and the petitioner has nine criminal antecedent.

6.

Considering the aforesaid facts and circumstances and the nature of allegation, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

7.

This application is accordingly dismissed.

8.

However, petitioner is at liberty to surrender before the learned Court below within a period of six weeks and seek regular bail and the learned Court below would pass order, preferably, on the same day, in accordance with law. (Anjani Kumar Sharan, J) pallavi/- U T