The Patna High Court granted bail to the petitioner in a case involving extortion and theft. The court considered bail granted to co-accused persons and set conditions regarding future offences and bond defaults.
Release of petitioner on bail by furnishing bonds of Rs. 10,000 with two sureties of the same amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13989 of 2013
====================================================== Tickra Yadav @ Munia Yadav S/O Late Madan Yadav @ Late Mohan Yadav R/O Vill.- Chharrapattee, P.S.- Dharhara, District- Munger .... .... Petitioner/s Versus The State Of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 03/ 02-07-2013 Heard learned counsels for the petitioner and the State.
The petitioner is languishing in custody since 04.09.2012 in a case registered for the offences punishable under Sections 386, 387 and 379/34 of the Indian Penal Code.
The accusation is of demanding extortion by six accused persons including the petitioner.
It is submitted by learned counsel for the petitioner that even as per accusation no case under Sections 386, 387 of the IPC is made out when others have been granted bail vide Cr. Misc. Nos. 36894 of 2005, 19980 of 2006 and 98 of 2009.
Considering the aforesaid facts, let the above named petitioner, 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 Judicial Magistrate, Ist Class,
Patna High Court Cr.Misc. No.13989 of 2013 (3) dt.02-07-2013 2/2
Munger in connection with Nayaram Nagar P.S. Case No. 41 of 2005 corresponding to G.R. No. 507 of 2005.
Considering the fact that the petitioner is involved in two other cases apart from present one, the learned court below will be at liberty to cancel the bail bonds of the petitioner, if he gets substantially involved in similar nature of the offence or defaults for three consecutive occasions.
(Dinesh Kumar Singh, J.)
DKS/
3 issues framed by the court
Whether bail should be granted to the petitioner in a case involving offences under Sections 386, 387 and 379/34 IPC given that bail has been granted to co-accused persons.
Whether conditions for continued bail application in subsequent offences should be set by the lower court.
Whether the petitioner should be released on bail with specific monetary sureties.
Tickra Yadav @ Munia Yadav
The State Of Bihar
DINESH KUMAR SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
