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Patna High CourtCR. MISC./10080/2016bail granted

Yogendra Yadav And ORS v. The State Of Bihar

2016-03-10Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10080 of 2016 Arising Out of PS.Case No. -296 Year- 2015 Thana -BARHARA District- PURNIA ======================================================

1. Yogendra Yadav son of Late Kamleshwari Yadav,

2. Lalit Yadav, son of Late Bhuneshwaari Yadav,

3. Arun Kumar @ Arun Yadav son of Bijendra Yadav, All resident of village- Nipania, P.S. - Barhara, District- Purnia .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarveshwar Tiwary For the Opposite Party/s : Mr. Md. Aslam Ansari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 10-03-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The counsel for the petitioners submits that petitioner no. 1 has been arrested.

In such view of the matter, the prayer for bail of petitioner no. 1 is dismissed as infructuous. Rest petitioners are seeking bail in connection with Barhra P.S. Case No. 296 of 2015 registered for offences under sections 341, 323, 386/34 of the Indian Penal Code. As per the prosecution, the informant had gone to his land for cultivation. Petitioners objected, threatened, demanded extortion money of Rs. 1,00,000/-and snatched Rs. 10,000/- from

Patna High Court Cr.Misc. No.10080 of 2016 (2) dt.10-03-2016 2/2 the complainant.

The counsel for the petitioners has pointed out that the brother of the informant had lodged identical nature of case with respect to the same piece of the land in which petitioners have been granted bail by the Sessions court. Looking to nature of allegation and attending facts and circumstances of the case, petitioner nos. 2 and 3, namely, Lalit Yadav and Arun Kumar, in the event of arrest or surrender before the court below within a period of four weeks from today, be enlarged on bail on their furnishing bail bond of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of Sri Nitesh Kumar, Judicial Magistrate 1st class, Purnea in connection with Barhra P.S. Case No. 296 of 2015, subject to the condition as laid down under Section 438 (2) Cr. P.C. (Shivaji Pandey, J) Mahesh/- U T