Yamuna Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75844 of 2019 Arising Out of PS. Case No.-211 Year-2019 Thana- SURYAGARHA District- Lakhisarai ====================================================== YAMUNA YADAV Son of Late Jay Narayan Yadav Resident of Village - Khaira, P.S.- Surajgarha, Distt - Lakhisaria. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Arjun Prasad For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 27-11-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Surajgarha Police Station Case No. 211 of 2019, disclosing offences under Sections 384/504/506/34 of the Indian Penal Code and Section 27 of the Arms Act.
The allegation against the petitioner is that the petitioner demanded a sum of Rs. 5,00,000/- as rangdari from the informant and also made air-firing in order to threaten the informant to fulfill the said demand of extortion of the accused persons. It has further been alleged that the petitioner demanded the extortion money from his mobile no. 7365820765 on the mobile no. of the informant, being 7762915636.
Patna High Court CR. MISC. No.75844 of 2019(2) dt.27-11-2019 2/3 Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to village politics inasmuch as the informant is the PACS Chairman and his sister-in-law is the Mukhiya of Gram Panchayat Alinagar. He further submits that no such occurrence has taken place inasmuch as the Police, in course of investigation, in paragraph 29 of the case diary, has categorically mentioned that between the period 30.06.2019 and 17.07.2019, no call from the mobile of the petitioner was made upon the mobile of the informant, as per the CDR. He further submits that the said mobile number belongs to a lady, residing in West Bengal.
Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the police, in course of investigation, has found that no call, between the period 30.06.2019 and 17.07.2019, has been made from the mobile of the petitioner on the mobile of the informant and the alleged occurrence has taken place on 14.07.2019, I am inclined to grant the petitioner privilege of anticipatory bail. This application is, accordingly, allowed.
Let the petitioner, Yamuna Yadav, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten
Patna High Court CR. MISC. No.75844 of 2019(2) dt.27-11-2019 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in connection with Surajgarha Police Station Case No. 211 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √