In an oral order, the Patna High Court granted bail to the petitioner in a criminal case involving extortion and arms-related offences, directing his release only after the framing of charges upon furnishing a bond and providing sureties.
Petitioner released on bail on framing of charges upon furnishing bond of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17626 of 2018
Arising Out of PS.Case No. -654 Year- 2017 Thana -BHABHUA District- BHABHUA (KAIMUR)
====================================================== 1. Vikash Yadav, Son of Nand Lal Yadav, Resident of Village- Bhuiphor, P.S. Adhaura, District Kaimur at Bhabua.
.... .... Petitioner/s Versus 1. The State of Bihar. . .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Rajesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER
4 16-05-2018
The allegation is of making demand of extortion from the informant and also opening fire.
Learned Counsel for the petitioner submits that the petitioner was falsely being implicated by the informant, earlier also similar nature of case was filed by him in which he was granted bail by a coordinate Bench of this Court except that there is no other case of extortion against the petitioner and as per allegation there is no fire arm injury to the informant and the petitioner, he has been in custody in this case since 18.11.2017 and police has concluded the investigation.
Having considered the said facts and circumstances, the petitioner, namely, Vikash Yadav is directed to be released only after framing of charge on bail on furnishing bail bonds of Rs. 10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of CJM Kaimur at Bhabua in connection with Bhabua PS Case No. 654 of 2017 with the following conditions:-
(i) one of the bailors shall be a close family member of the
Patna High Court Cr.Misc. No.17626 of 2018 (4) dt.16-05-2018
2
petitioner; and
(ii) The petitioner shall appear before the trial court on each date and in case of failure to appear on two consecutive dates except because of reasonable cause his bail bonds shall be liable to be cancelled.
(Arun Kumar, J)
Snkumar/-
U T
2 issues framed by the court
Whether the petitioner, already in custody, be granted bail pending investigation before framing of charges.
Whether the conditions of bail, including fine amount and sureties, are appropriately fixed under the given circumstances.
Vikash Yadav
The State of Bihar
Arun Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
