Suresh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31212 of 2015 Arising out of PS.Case No. -391 Year- 2014 Thana -BAHADURPUR District- DARBHANGA ====================================================== Suresh Yadav, son of Ramashray Yadav, resident of village Pokhassama, Police Station Bahadurpur, District Darbhanga. .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Sanjeev Kumar Jha, Advocate. For the Opposite Party : Mr. Abhay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 31-07-2015 The petitioner is apprehending his arrest in connection with Bahadurpur P.S. Case No. 391 of 2014 for the offences instituted under Sections 341, 323, 384, 386 and 504/34 of the IPC. Heard learned counsel for the petitioner and learned counsel for the State.

The prosecution story, in brief, is that the informant started construction work on his purchased land upon which this petitioner and co-accused Manish Paswan alongwith 20-25 persons came and on the point of revolver, demanded Rs. 2/-lacs as Rangdari and also threatened to implicate in a case under Harijan Atrocities Act. The accused persons also abused, assaulted the informant and snatched away Rs. 20,000/- from the informant. It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. The petitioner has been

Patna High Court Cr.Misc. No.31212 of 2015 (2) dt.31-07-2015 2/2 made accused in the present case due to mistake of fact. It is further submitted that 25 persons have been named in the F.I.R. Taking into account the allegation, it is alleged that Rs. 20,000/- is said to have taken away by the accused persons. It is further submitted that the petitioner is ready to deposit an amount of Rs. 5,000/- in the court below which shall be subject to final disposal of the case.

On behalf of the State it has been submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner shall deposit an amount of Rs. 5,000/- in the court below which shall be subject to final disposal of the case and on doing so, let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Bahadurpur P.S. Case No. 391 of 2014 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., Darbhanga, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

U.K./- (Sudhir Singh, J) U T