Kranti Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75837 of 2019 Arising Out of PS. Case No.-410 Year-2019 Thana- AMARPUR District- Banka ====================================================== KRANTI YADAV Son of Bilaxan Yadav Resident of Village - Majhgaon, P.S.- Shambhugunj, Distt - Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Swapnil Kumar Singh For the Opposite Party/s :

Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 27-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 323, 385, 387/34 of the Indian Penal Code and Section 37(c) of the Excise Act. Prosecution case as lodged by the informant is that while he was going to his house on motorcycle and in his way two persons who were also on a motorcycle stopped him and started to abuse and assault. Both the accused also demanded Rs. 50,000/- cash from the informant and threatened him with dire consequences if the money was not paid to them. On hearing alarm few persons came there but then the accused persons called their other friends over phone and then two more persons along with pistol in their hand came there and threatened them. In the meantime, other co-villagers also gathered there and chased them in which two persons who came

Patna High Court CR. MISC. No.75837 of 2019(2) dt.27-11-2019 2/2 with pistol at a later stage managed to escape but the other two accused were nabbed by the public and then the police was informed and they were taken into custody by the police. It was also found that the present petitioner had also consumed liquor which was confirmed by breath analyzer test.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in the present case. He submits that there is no specific allegation against the petitioner and he was only in intoxicant position. He submits that similarly situated co-accused has been granted bail by coordinate Bench of this Court in Cr. Misc. No. 73788 of 2019 on 27.11.2019. He further submits that petitioner has no criminal antecedent and he is in judicial custody since 28.08.2019. In the facts and circumstances of the case on deposit Rs. 2,000/- in the Patna High Court, Legal Services Committee, Patna, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 2nd Additional Sessions Judge, Banka in connection with Amarpur Police Station Case No. 410 of 2019.

devendra/- (Anjani Kumar Sharan, J) U T