Ambo Yadav @ Gaurav Yadav vs The State Of Bihar on 13 December, 2022

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Patna High Court - Orders

Ambo Yadav @ Gaurav Yadav vs The State Of Bihar on 13 December, 2022

Bench: Sunil Dutta Mishra

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                             CRIMINAL MISCELLANEOUS No. 49854 of 2022
                   Arising Out of PS. Case No.-571 Year-2021 Thana- BHAGALPUR KOTWALI District-
                                                        Bhagalpur
                 ======================================================
                 Ambo Yadav @ Gaurav Yadav S/o Late Shankar Yadav R/o village-
                 Mayagunj, P.S.- Barari, District- Bhagalpur
                                                                    ... ... Petitioner/s
                                                     Versus
                 The State of Bihar                          ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :     Mr. Swapnil Kumar Singh, Advocate
                 For the Opposite Party/s :     Mr. Kanhaiya Kishore, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

2   13-12-2022

Learned counsel for the petitioner is permitted to remove the defect(s) as pointed out by the office, if any, within a period of four weeks from today.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Kotwali (Barari) P.S. Case No. 571 of 2021 registered for the offence punishable under Sections 341, 307, 387/34 of the Indian Penal Code.

As per the prosecution case, the petitioner along with other two persons went to the construction site, where the informant was present and demanded 50 sacks of cement and 10 quintals of rod in extortion, failing which he was threatened with dire consequences. When the informant shows his inability, whereupon co-accused Mithun Yadav @Langra @Langra Yadav Patna High Court CR. MISC. No. 49854 of 2022(2) dt.13-12-2022 2/2 made firing from his pistol, however, the same did not hit the informant.

Learned counsel for the petitioner submits that the co-accused Mithun Yadav @Langra @Langra Yadav on whom allegation of firing is made has already been granted bail by the Co-ordinate Bench of this Court vide order dated 17.10.2022 in Criminal Miscellaneous No. 40394 of 2022. He further submits that due to hot talk with respect to the poor construction work, his name has been falsely implicated in this case.

Learned APP for the State has opposed the prayer for regular bail for the petitioner.

Considering the facts and circumstances of the case, let the petitioners above, named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Kotwali (Barari) P.S. Case No. 571 of 2021.

(Sunil Dutta Mishra, J) ashutosh/-

U      T

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Patna High Court - Orders