Pravesh Yadav @ Ram Pravesh Yadav @ Parmeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66351 of 2021 Arising Out of PS. Case No.-103 Year-2019 Thana- SHERGHATI District- Gaya ====================================================== Pravesh Yadav @ Ram Pravesh Yadav @ Parmeshwar Yadav, Son of Birendra Yadav, Resident of Village - Pustiya, P.S.- Jori, District - Chatra (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Priya Ranjan, Advocate For the Opposite Party/s :

Mr.Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Let the defect(s), if any, as pointed out by the office be removed within four weeks from the date of resumption of physical filing and physical removal of defect. In the present case, the petitioner seeks bail in connection with Sherghati P.S. Case No. 103 of 2019 registered for the alleged offences under Sections 385, 387 of the Indian Penal Code and Section 17 of C.L.A. Act.

As per prosecution case, the petitioner demanded extortion money from a construction company in the name of his extremist organization.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR and he has never used the

Patna High Court CR. MISC. No.66351 of 2021(4) dt.12-09-2022 2/3 name Rohit which was mentioned in the FIR. The name of the petitioner came up in the confessional statement of co-accused Kuldeep Kumar Yadav, who is on inimical terms with this petitioner. Nothing incriminating has been recovered from the possession of this petitioner. Nothing came up during investigation against this petitioner. The petitioner is in custody since 18.02.2022 and the charge sheet has been submitted. Learned A.P.P. opposes the prayer for bail submitting that the petitioner is a habitual offender and is having a number of cases against him. The extortion money was demanded in the name of this petitioner.

Perused the records.

Having regard to the facts and circumstances and submission made hereinabove and considering the fact that hardly any material has come on the record to connect the petitioner with the alleged offence and also considering the submission of charge sheet and the period of custody of the petitioner, he is directed to be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Sherghati, Gaya, in connection with Sherghati P.S. Case No. 103 of 2019, subject to the conditions

Patna High Court CR. MISC. No.66351 of 2021(4) dt.12-09-2022 3/3 mentioned in Section 437 (3) of the Code of Criminal Procedure and also the following conditions :

(i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.

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

(iii) The petitioner will remain present on each and every date fixed by the court below.

(iv) 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) V.K.Pandey/- U T