Karan Yadav @ Karan Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59587 of 2023 Arising Out of PS. Case No.-18 Year-2020 Thana- JAMOBAZAR District- Siwan ====================================================== Karan Yadav @ Karan Kumar Yadav Son Of Jagarnath Chaudhary @ Jagarnath Yadav Resident Of Village - Dharam Parsa, Vishambharpur, P.S. - Manjhagarh, District - Gopalganj ... ... Petitioner

Versus

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

For the Petitioner/s :

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

Ms. Pushpa Sinha.1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-10-2023

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Jamo Bazar P.S. Case No. 18 of 2020 dated 09.02.2020 registered for the offence(s) punishable under Section(s) 383 and 385 of the Indian Penal Code.

3. The main submissions advanced by learned counsel for the petitioner are that the petitioner is not named in the F.I.R., in the alleged extortion demand a particular mobile number was used as per the F.I.R. but the petitioner is not the registered holder of the said mobile number, during investigation, the petitioner's role in the alleged crime surfaced in the confessional statement of co-accused namely, Abhishek

Patna High Court CR. MISC. No.59587 of 2023(2) dt.11-10-2023 2/3 Kumar on that basis the petitioner has been implicated in the alleged crime but except the said confessional statement there is no material against him, against the petitioner there is an other case in which he has been granted bail and the said case was lodged after the institution of the F.I.R. of the present matter. Further submission is that there is simple allegation of making extortion demand from the informant but no money was given in compliance with the said demand by the informant.

4. Learned APP appearing for the State has opposed the bail prayer.

5. Considering the above submissions and mainly the fact that the petitioner's name surfaced in the alleged crime in the statement of co-accused as appears from the order impugned and in respect of petitioner's involvement in the alleged crime the prosecution is mainly relying upon the confessional statement of the co-accused, in my opinion, in the said circumstances, the petitioner deserves to the privilege of anticipatory bail. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Jamo Bazar P.S. Case No. 18 of 2020 on furnishing bail bond of Rs.10,000/-(Ten

Patna High Court CR. MISC. No.59587 of 2023(2) dt.11-10-2023 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shailendra Singh, J) shweta/rajiv U T