Mirtunjay Yadav @ Kumar Gaurav Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.17972 of 2025

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Arising Out of PS. Case No.-100 Year-2023 Thana- MANSI District- Khagaria

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======================================================

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Mirtunjay Yadav @ Kumar Gaurav S/o Shankar Yadav Resident of Villagechukti, P.S-Mansi, District-Khagaria (Bihar)

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Versus

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The State of Bihar

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... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Ms. Seema Kumari, Adv For the Opposite Party/s : Mr. Jharkhandi Upadhyay, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER

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5 01-09-2025

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Heard learned counsel appearing on behalf of the

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petitioner and learned APP appearing on behalf of the State.

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The petitioner seeks bail in connection with Mansi

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P.S. Case No. 100 of 2023 registered for the offences under Sections 341, 323, 307, 386, 387, 354, 504 and 506/34 of the Indian Penal Code.

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The petitioner is named in the F.I.R. and is in custody since 11.12.2024.

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The allegation against the petitioner is to assault informant and his family members including ladies and also to

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demand extortion money for running a grocery shop in village.

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Learned counsel appearing on behalf of the

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Patna High Court CR. MISC. No.17972 of 2025(5) dt.01-09-2025 2/3

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petitioner submitted that due to local disputes and differences petitioner was implicated with the present case by the informant, who is a co-villager. It is submitted that out of certain local disputes some altercations took place between two families, where both parties received injuries and for the said occurrence, petitioner was alleged with allegation to make an attempt to commit murder & also to raise demand for extorting money, but while taking cognizance on the basis of material available on record, learned Jurisdictional Magistrate, did not took cognizance for the offence punishable under Section 307 of the IPC. It is also pointed out that the demand of raising extortion appears very much general and omnibus against this petitioner. While concluding the argument it is submitted that petitioner found involved in one more case, where he is on bail and moreover, investigation of this case has already completed, and as such, there is no chance of tampering with the evidence.

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Learned APP appearing on behalf of the State, opposes the prayer for bail.

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In view of aforesaid factual submission and by

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Patna High Court CR. MISC. No.17972 of 2025(5) dt.01-09-2025 3/3

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taking note of fact as allegation qua raising demand for extortion appears very much general and omnibus as per face of FIR, coupled with the fact as petitioner remains in custody since 11.12.2024, accordingly above named petitioner, is directed to be released on bail in connection with Mansi P.S. Case No. 100 of 2023 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, Khagaria/concerned court, subject to the conditions as mentioned under Section 480(3) of the B.N.S.S.

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(Chandra Shekhar Jha, J.)

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S.Tripathi/-

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U T

Mirtunjay Yadav @ Kumar Gaurav v. The State of Bihar

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Mirtunjay Yadav @ Kumar Gaurav v. The State of Bihar

Case brief

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