Manza Yadav vs The State Of Bihar
2021 Latest Caselaw 3550 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                   CRIMINAL MISCELLANEOUS No. 23687 of 2021
            Arising Out of PS. Case No.-535 Year-2020 Thana- AMARPUR District- Banka
      ======================================================

1. Manza Yadav, aged about 45 years, Male Son of Late Amrit Yadav, Resident of Village - Mahammadpur, PS - Amarpur, District - Banka.

2. Lalu Yadav, aged about 20 years, Male Son of Rajendra Yadav, Resident of Village - Jankipur, PS - Amarpur, District - Banka.

3. Sanni Kumar, aged about 21 years, Male Son of Sunil Yadav, Resident of Village- Golahu, PS and District - Banka.

4. Mithun Kumar @ Prince @ Mithun Ku. Yadav, aged about 24 years, Male Son of Gopal Prasad Yadav, Resident of Village - Badi Mirzapur, PS and District - Munger.

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

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate For the State : Mr. Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date : 20-07-2021

The matter has been heard via video conferencing.

2. Heard Mr. Ranjan Kumar Jha, learned counsel for

the petitioners and Mr. Awadhesh Kumar Singh, learned

Additional Public Prosecutor (hereinafter referred to as the

'APP') for the State.

3. The petitioners apprehend arrest in connection with

Amarpur PS Case No. 535 of 2020 dated 04.09.2020, instituted

under Sections 147, 148, 149, 323, 379, 386, 504 and 506 of the

Indian Penal Code.

Patna High Court CR. MISC. No.23687 of 2021 dt.20-07-2021

4. The allegation against the petitioners and five other

named and about 30 unknown persons, is that they were

demanding extortion from the tractor drivers and from the

informant and his associates, who were riding on a motorcycle,

they had taken Rs. 1,50,000/- and had also assaulted the partner

of the informant by knife.

5. Learned counsel for the petitioners submitted that

they are of a different village than that of the informant and,

thus, there was no occasion for them to have been identified,

which indicates false implication at the behest of some other

persons. It was further submitted that the petitioners have no

criminal antecedent and that no injury report is on record despite

the allegation being made that the partner of the informant was

assaulted by knife. Learned counsel submitted that even the so-

called tractor drivers from whom extortion is said to have been

demanded, have not complained before any authority.

6. Learned APP, from the case diary, submitted that

witnesses have stated that both the sides i.e., the informant and the

petitioners used to work together and collect money from the

drivers of tractors on the pretext of making a diversion, as a bridge

was being constructed at the site, but because of differences

between them, the present incident has occurred and did not Patna High Court CR. MISC. No.23687 of 2021 dt.20-07-2021

controvert the fact that no tractor driver has made any complaint,

as the same has not come in the police investigation and further

that there was fight between the two groups.

7. Having considered the facts and circumstances of the

case and submissions of learned counsel for the parties, in the

event of arrest or surrender before the Court below within six

weeks from today, the petitioners be released on bail upon

furnishing bail bonds of Rs. 25,000/- (twenty five thousand) each

with two sureties of the like amount each to the satisfaction of the

learned Chief Judicial Magistrate, Banka in Amarpur PS Case No.

535 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 petitioners, (ii) that

the petitioners and the bailors shall execute bond with regard to

good behaviour of the petitioners, and (iii) that the petitioners

shall also give an undertaking to the Court that they shall not

indulge in any illegal/criminal activity, act in violation of any

law/statutory provisions, tamper with the evidence or influence

the witnesses. Any violation of the terms and conditions of the

bonds or the undertaking shall lead to cancellation of their bail

bonds. The petitioners shall cooperate in the case and be present

before the Court on each and every date. Failure to cooperate or Patna High Court CR. MISC. No.23687 of 2021 dt.20-07-2021

being absent on two consecutive dates, without sufficient cause,

shall also lead to cancellation of their bail bonds.

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

violation of the foregoing conditions of bail by the petitioners, to

the notice of the Court concerned, which shall take immediate

action on the same after giving opportunity of hearing to the

petitioners.

9. The petition stands disposed off in the aforementioned

terms.

(Ahsanuddin Amanullah, J.)

P. Kumar

AFR/NAFR U T