Arun Yadav vs The State Of Bihar
2021 Latest Caselaw 4145 Patna

     IN THE HIGH COURT OF JUDICATURE AT PATNA
             CRIMINAL MISCELLANEOUS No.14217 of 2021
       Arising out of PS. Case No.-230 Year-2020 Thana- MANSI District- Khagaria
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Arun Yadav, aged about 45 years, Son of Muso Yadav Resident of village - Mansi, Police Station - Mansi, District - Khagaria.

... ... Petitioner/s Versus The State of Bihar

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s     :        Mr. Shashank Shekhar, Advocate
For the State            :        Ms. Pushpa Sinha, APP

====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 17-08-2021

The matter has been heard via video conferencing.

2. The case has been taken up out of turn on the basis of

motion slip filed by learned counsel for the petitioner on

09.08.2021, which was allowed.

3. Heard Mr. Shashank Shekhar, learned counsel for the

petitioner and Ms. Pushpa Sinha, learned Additional Public

Prosecutor (hereinafter referred to as the 'APP') for the State.

4. The petitioner apprehends arrest in connection with

Mansi PS Case No. 230 of 2020 dated 10.08.2020, instituted under

Sections 341, 323, 387 and 307/34 of the Indian Penal Code and

27 of the Arms Act.

5. The allegation against the petitioner is of assault on

the informant demanding extortion of Rs. 20,000/- and specifically Patna High Court CR. MISC. No.14217 of 2021 dt.17-08-2021

against co-accused Bambam Yadav that he exhorted to kill the

informant and is said to have fired twice and against co-accused

Raja Yadav is that he gave pistol to Bambam Yadav, the first shot

missing but second shot hitting him on the left thigh.

6. Learned counsel for the petitioner submitted that the

parties are agnates, which fact has been suppressed in the FIR. It

was submitted that between the agnates there cannot be demand of

extortion. Further, it was submitted that against the petitioner the

allegation at best is that he was also present where there was

demand of extortion of Rs. 20,000/-, but no overt act has been

alleged against him and rather the specific overt act of exhorting to

kill is against co-accused Bambam Yadav and co-accused Raja

Yadav is that have given pistol to Bambam Yadav who fired twice

resulting in injury to the informant. It was submitted that the

parties are also on litigating terms as it would be clear from the

fact that there is partition suit between them and earlier Mansi PS

Case No. 135 of 2019 dated 11.06.2019 under Sections 341, 323,

307, 504 and 506/34 of the Indian Penal Code was instituted by

Phul Kumari against the informant's brother.

7. Learned APP submitted that the allegation against the

petitioner is that he along with other co-accused had abused the Patna High Court CR. MISC. No.14217 of 2021 dt.17-08-2021

informant and demanded extortion. However, it was not

controverted that no overt act is alleged against the petitioner.

8. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, it appears

that non-disclosing the fact that the parties are agnates as also

there being bleak chance that one agnate would demand extortion

from another agnate and the parties being on litigating terms from

before and, most importantly, no overt act being alleged, which is

against another co-accused and not against the petitioner, the Court

is persuaded to allow the prayer for pre-arrest bail.

9. Accordingly, in the event of arrest or surrender before

the Court below within six weeks from today, the petitioner be

released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty

five thousand) with two sureties of the like amount each to the

satisfaction of the Chief Judicial Magistrate, Khagaria in Mansi PS

Case No. 230 of 2020, subject to the conditions laid down in

Section 438(2) of the Code of Criminal Procedure, 1973 and

further (i) that one of the bailors shall be a close relative of the

petitioner and (ii) that the petitioner and the bailors shall execute

bond and give undertaking with regard to good behaviour of the

petitioner, and (iii) that the petitioner shall co-operate with the

Court and police/prosecution. Any violation of the terms and Patna High Court CR. MISC. No.14217 of 2021 dt.17-08-2021

conditions of the bonds or the undertaking or failure to cooperate

shall lead to cancellation of his bail bonds.

10. It shall also be open for the prosecution to bring any

violation of the foregoing conditions, to the notice of the Court

concerned, which shall take immediate action on the same after

giving opportunity of hearing to the petitioner.

                        11.      The      petition     stands      disposed      of       in   the

              aforementioned terms.

                                                   (Ahsanuddin Amanullah, J)

HR/Vikash/-

AFR/NAFR
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