Patna High CourtCR. MISC./84624/2024bail granted

Kailu Yadav v. The State Of Bihar

2024-12-11Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84624 of 2024 Arising Out of PS. Case No.-164 Year-2024 Thana- TETERHAT District- Lakhisarai ====================================================== Kailu Yadav Son of Krishna Yadav, Resident of Village- Bahuara, P.S.- Chewada, District- Sheikhpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Irshad, Advocate For the Opposite Party/s :

Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 11-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. In the present case, the petitioner seeks bail in connection with Tetarhat P.S. Case No. 164 of 2024, registered on 07.10.2024 for the alleged offences under Sections 126(2), 115(2), 308(4), 308(5), 303(2) of BNS.

3. As per prosecution case, the petitioner demanded extortion money from the driver of the tractor of the informant and when the extortion demand was not met, the petitioner forcibly snatched the tractor and fled away with it.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The maternal place of the petitioner is in the village of the

Patna High Court CR. MISC. No.84624 of 2024(2) dt.11-12-2024 2/3 informant and there has been some monetary transaction between the two persons. In order to grab the money of the petitioner, the informant has lodged this false case. The petitioner is in custody since 07.10.2024. The petitioner is having antecedent of one case in which he is on bail.

5. Learned APP opposes the submission made on behalf of the petitioner. Learned APP submits that the petitioner was caught while taking away the tractor and this fact supports the allegation against the petitioner.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation, period of custody of the petitioner and dispute over money, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai/concerned Court in connection with Tetarhat P.S. Case No. 164 of 2024, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions :

(i) One of the bailors will be a close relative of the petitioner.

Patna High Court CR. MISC. No.84624 of 2024(2) dt.11-12-2024 3/3 (ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bonds of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) DKS/- U T