Radheshyam Kumar Yadav @ Radheshyam Yadav @ Radheshyam Pd.Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18141 of 2018 Arising Out of PS.Case No. -180 Year- 2017 Thana -CHIRAIYA DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Radheshyam Kumar Yadav @ Radheshyam Yadav @ Radheshyam Pd.Yadav, S/o Patiram Prasad Yadav, Resident of village - Mathiya Bhopat, P.S.-Lakhaura, District-East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Anil Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Chiraiya P.S. Case No. 180 of 2017 registered under Section 386 of the Indian Penal Code.

Rs. 25 lacs is said to have been demanded as extortion money under the threat of dire consequence from the informant by telephonic calls as well as by sending SMS by mobile no. 9006157952 by the person claiming to be shooter of Rahul Singh. During the course of investigation, the said mobile was found to be belonging to Anita Devi. Petitioner had talked with Anita Devi on the aforesaid mobile on the date of occurrence. It is submitted by learned counsel for the petitioner

Patna High Court Cr.Misc. No.18141 of 2018 (3) dt.17-05-2018 2/2 that the petitioner is quite innocent and has no concern with the aforesaid occurrence. He has been falsely implicated in the case due to political rivalry as he happens to be former MLA of the constituency. No incriminating article has been recovered from the conscious physical possession of the petitioner. Mere talk of the petitioner with Anita Devi on her mobile on the date of occurrence has no potential to indicate complicity of the petitioner in the occurrence. Barring the aforesaid fact, there is nothing in the record indicating the complicity of the petitioner in the occurrence. Police has recorded the confessional statement of the petitioner under coercion/threat. The petitioner has been languishing in custody since 29.06.2017. Though six more criminal cases have been lodged against the petitioner, but he is on bail in the aforesaid cases.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Sikarahana at Dhaka, East Champaran in connection with Chiraiya P.S. Case No. 180 of 2017. (Prakash Chandra Jaiswal, J) Mishra/- U T