Bhatar Yadav @ Mottar Yadav @ Bhottar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85198 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- SALAKHUA District- Saharsa ====================================================== Bhatar Yadav @ Mottar Yadav @ Bhottar Yadav son of Late Sahdeo Yadav Resident of village- Tengaraha, Ward no. 12, Ps- Slkhua, Dist- Saharsa ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rashmi Jha For the Opposite Party/s :

Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Salkhua P.S. Case No. 23 of 2024 dated 23.01.2024 registered for the offences punishable u/ss 379, 341 and 386 of the Indian Penal Code.

3. As per the prosecution case, the petitioner stopped the informant and demanded Rs. 1000/- in the name of Chanda for the construction of Temple. Thereafter, the informant got ready to donate Rs. 500/- and in the meantime, the petitioner snatched Rs. 8000/- from his pocket and fled away.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is a delay of 9 days in lodging the FIR. Nothing has

Patna High Court CR. MISC. No.85198 of 2024(2) dt.18-01-2025 2/2 been recovered from the conscious possession of the petitioner. The petitioner never demanded any extortion money from the informant. The petitioner has seven criminal antecedents as stated in para 3 of the bail petition. The petitioner is in custody since 11.03.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Saharsa in connection with Salkhua P.S. Case No. 23 of 2024, with the following condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T