A criminal miscellaneous petition filed by Raju Yadav for bail in an extortion case. The High Court permitted bail upon furnishing a bond and sureties subject to appearance conditions.
Petitioner directed to be released on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount with conditions of appearance.
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.12640 of 2022
Arising Out of PS. Case No.-172 Year-2021 Thana- SABAUR District- Bhagalpur
======================================================
Raju Yadav @ Kranti Yadav @ Kranti son of late bacchu yadav resident of village - chandheri, police station - sabour, district - bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Dr. Manoj Kumar For the Opposite Party/s : Mr.Jai Narain Thakur ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER
3 21-12-2022 Heard learned counsel appearing on behalf of the
petitioner and learned counsel appearing on behalf of the State.
Let the defect(s), if any, be removed within a period of four weeks from today.
The petitioner seeks bail in connection with Sabour P.S. Case No. 172 of 2021 registered for the offence under Sections 341, 384, 386, 506/34 of the Indian Penal Code.
The accused/petitioner is named in the F.I.R. and is in custody since 31.08.2021.
The allegation against the petitioner is to ask for Rs. 10,00,000/- (Rs. Ten lakh), as an extortion money from informant against completion of project at Sabour, Bhagalpur.
Learned counsel appearing on behalf of the petitioner submitted that from the bare perusal of F.I.R., it appears that
Patna High Court CR. MISC. No.12640 of 2022(3) dt.21-12-2022 2/3
informant and petitioner were known to each other and they have actively participated in project/business activities. It is further submitted that Rs. 10,00,000/- was given by informant to this petitioner for business purpose and as the difference arises due to some accounting dispute, present false implication was made . It is also submitted that the alleged withdrawal through cheque was in connection with business activities and nothing to do with extortion. It is also submitted that petitioner was implicated in this case only due to suspicion arises out of his criminal antecedents, where out of 7 cases, he has already been acquitted in 4 cases and on bail in 3 cases. It is also submitted that this F.I.R. has been lodged after delay of 20 days, without having any just explanations. While concluding the argument, it has been submitted that investigation of this case is completed, for which charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP, opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as face of F.I.R. suggesting active participation of this petitioner in business activities of informant, where petitioner is in custody since 31.08.2021, coupled with the fact that chargesheet has been submitted, let the petitioner, above named, is
Patna High Court CR. MISC. No.12640 of 2022(3) dt.21-12-2022 3/3
directed to be released on bail in connection with Sabour P.S. Case No. 172 of 2021 on furnishing bail bond of Rs.10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur/concerned Court, subject to the conditions as mentioned:
“(i) That
accused/petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court, only on medical ground of the petitioner, duly supported by the documents.
(ii) That one of the bailors shall be deponent of the present bail petition.”
(Chandra Shekhar Jha, J)
Archana/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in connection with the Sabour P.S. Case No. 172 of 2021 involving extortion charges.
1 provisions across 1 enactments
Raju Yadav
The State of Bihar
Chandra Shekhar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
