Patna High CourtCR. MISC./80064/2023allowed

Sintu Yadav v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80064 of 2023 Arising Out of PS. Case No.-20 Year-2017 Thana- NADI P.S. District- Bhagalpur ====================================================== SINTU YADAV Son of Late Lakhan Yadav R/o vill - Narayanpur, P.S. - Bihpur, Distt. - Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 1489, 341, 323, 307, 386, 387, 427 of the Indian Penal Code and section 27 of the Arms Act.

3. As per prosecution case, FIR named accused including the petitioner and other unknown persons are said to have demanded 10 liters milk as extortion from the villagers and also assaulted them.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. Neither he was arrested on spot nor any incriminating material

Patna High Court CR. MISC. No.80064 of 2023(2) dt.13-12-2023 2/2 has been recovered from his conscious possession. From perusal of FIR, it appears that there is general and omnibus allegation against this petitioner. It is further submitted that the petitioner is languishing in judicial custody since 18.9.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period of the petitioner, this court is inclined to enlarge him on bail. The above named petitioner is directed to be released on bail in connection with Nadi P.S. Case No. 20 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Naugachia. (Sunil Kumar Panwar, J) sushma/- U T