Jiwan Yadav @ Pawan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54089 of 2022 Arising Out of PS. Case No.-571 Year-2021 Thana- BHAGALPUR KOTWALI DistrictBhagalpur ====================================================== JIWAN YADAV @ PAWAN KUMAR SON OF LAXMI NARAYAN YADAV RESIDENT OF MAYAGANJ, DURGASTHAN, P.S.- BARARI, DISTRICTBHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sanjay Kumar Tiwary, Advocate For the Opposite Party/s :

Mr. Vinod Shanker Modi, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-01-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Sections 341, 307, 387 and 34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 17.05.2022 and is a person with clean antecedent and charge-sheet has been submitted in the case.

The informant alleges that accused persons including the petitioner demanded an extortion of 10 quintals of rod and 50 bags of cement or to stop the work, on refusal, Mithoon fired

Patna High Court CR. MISC. No.54089 of 2022(2) dt.04-01-2023 2/2 but missed.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the present case, it is next submitted that it absolutely does not stand to reason that the accused persons would have demanded cement and rod by way of extortion, it is also submitted that allegation of firing is against Mithoon but then, it is ornamental in nature. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody, is a person with clean antecedent and charge-sheet has been submitted in the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Kotwali (Barari) P.S. Case No. 571 of 2021.

(Satyavrat Verma, J) GauravSinha/- U T