Patna High CourtCR. MISC./63931/2024bail granted

Nilesh Yadav v. The State Of Bihar

2024-09-04Mr. Justice Dr. Anshuman2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63931 of 2024 Arising Out of PS. Case No.-1234 Year-2022 Thana- KHAGARIA District- Khagaria ====================================================== Nilesh Yadav Son of Satyanarayan Yadav R/O Village- Kumarchakki, P.S.- Khagaria Muffasil, District-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramashray Roy, Adv For the Opposite Party/s :

Mr.Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 04-09-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Khagaria (Muffasil) P.S. Case No. 1234/2022, lodged on 20.11.2022, under Sections 147/148/149/447/427/307/504/506/385 of the Indian Penal Code.

3. As per the prosecution, F.I.R. has been lodged against 18 named accused persons including the present petitioner with an allegation that they all of sudden came on tractor and started assaulting the informant when he was plouging his field and demanded extortion money.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel also submits that the criminal antecedent of the petitioner is not clean and there are two cases pending against him in which he is on bail. The petitioner is in custody since 08.04.2024.

Patna High Court CR. MISC. No.63931 of 2024(2) dt.04-09-2024 2/2 Counsel further submits that upon perusal of the F.I.R., it is crystal clear that there is land dispute between the parties and the petitioner has nothing to do with the said land dispute, as such implication of the petitioner in this case is baseless.

5. Learned APP for the State opposes the prayer for bail.

6. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named be granted bail after framing of charge, if the charge is not framed as well as on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases mentioned below and on furnishing bail bonds of Rs. 30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Muffasil) P.S. Case No. 1234/2022 subject to the condition laid down under Section 437(3) of the Cr.P.C.

• Khagaria (Muffasil) P.S. Case No. 261/2014.

• Khagaria (Muffasil) P.S. Case No. 433/2021 (Dr. Anshuman, J) Sunnykr/- U