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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63797 of 2024 Arising Out of PS. Case No.-83 Year-2024 Thana- NTPC District- Patna ====================================================== Sudhir Kumar Yadav @ Sudhir Kumar S/o Dwarika Yadav @ Dwarika Gop R/o Village- Laheriya Pokhar, P.S.- Barh, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Prem Kumar, Advocate For the State :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 25-09-2024 Heard learned counsels for the parties.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 115(2), 126(2), 308(4), 352, 351(3), 140(3), 62 and 3(5) of the Bhartiya Nyaya Sanhita and Sections 22 and 22(A) of the Minimum Wages Act.

3. As per prosecution case, on the alleged date and time of occurrence, all the F.I.R. named accused persons, including this petitioner, abused and demanded ransom from the informant and on refusal, they assaulted informant.

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is innocent and has falsely been implicated in this case. As a matter of fact, petitioner is supervisor and informant is labour and both of them work under

Patna High Court CR. MISC. No.63797 of 2024(2) dt.25-09-2024 2/3 the control of a contractor and the said contractor used to take work of N.T.P.C. on higher rates and complete the said work by hiring labours on low rates but since N.T.P.C. used to make payments in the respective accounts of the labours, the contractor used to take extra amount than the agreed amount, which the informant has also paid time to time, as stated in the F.I.R. and only with a view to grab the amount, this false and concocted case has been lodged. Specific allegation of illegal collection of money is against co-accused Rantu Yadav. There is no specific accusation of overt act against this petitioner.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the aforesaid facts and circumstances and nature of accusation, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner 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 learned A.C.J.M., Barh, District-

Patna High Court CR. MISC. No.63797 of 2024(2) dt.25-09-2024 3/3 Patna, in connection with N.T.P.C. P.S. Case No. 83 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) shashank/- U T