Niraj Kumar Yadav @ Niraj Kumar Yadva v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5800 of 2018 Arising Out of PS.Case No. -305 Year- 2017 Thana -RIGA District- SITAMARHI ====================================================== Niraj Kumar Yadav @ Niraj Kumar Yadva S/o Bishwanath Prasad yadav, R/o Village- Agarwa, P.S.- Jitna, District- East Champaran at Motihari. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-02-2018 Heard the learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks anticipatory bail in connection with Riga PS case no. 305 of 2017 registered for the offences punishable under Sections 363, 442,386, 388/34 of the Indian Penal Code.
The case of the prosecution is that the petitioner herein, a Sub-Inspector of Police, is alleged to have gone to the house of the informant and taken him away on his motorcycle and thereafter demanded a sum of Rs.one lakh by way of extortion. It is further alleged that the petitioner had also taken a sum of Rs. 30,000/- from the pocket of the informant.
The learned counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.5800 of 2018 (3) dt.23-02-2018 2/2 petitioner has been falsely implicated by the informant who is convict in two cases and the petitioner is said to be having a clean antecedent.
Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Riga PS case no. 305 of 2017, subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure.
(Mohit Kumar Shah, J) BTiwary/- U T