Patna High CourtCR. MISC./57642/2024bail granted

Abhishek Yadav @ Khudi v. The State Of Bihar

2024-10-26Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57642 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- HUSSAINGANJ District- Siwan ====================================================== Abhishek Yadav @ Khudi Son of Rajendra Yadav R/O Vill.- Masudpur, P.S.- Saidpur, Dist.- Gajipur, Uttar Pradesh.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 26-10-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In this present case, the petitioner seeks bail in connection with Hussainganj P.S. Case No. 37 of 2024, registered on 07.02.2024 for the offences under Section 386 of the Indian Penal Code.

3. As per prosecution case, the petitioner made an extortion call to the informant demanding Rs. 5,00,000/- and threatened the informant that in case the demand was not met, he would be shot dead.

4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Petitioner is not the holder of mobile number from which the call has been made to the

Patna High Court CR. MISC. No.57642 of 2024(3) dt.26-10-2024 2/3 informant. The name of the petitioner transpired in this case on the basis of confessional statement of co-accused and except for that there is no material against the petitioner. Petitioner is in custody since 23.04.2024. Petitioner is having criminal antecedent of two cases in which he is on bail.

5. Learned A.P.P. opposes the submission made on behalf of the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the vague nature of allegation and further considering the lack of material to connect the petitioner with the offence as alleged and also considering the period of custody of the petitioner and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Siwan/concerned court in connection with Hussainganj P.S. Case No. 37 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.57642 of 2024(3) dt.26-10-2024 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) balmukund/- U T