IN THE HIGH COURT OF JUDICATURE AT PATNA CR.MISC. NO.20003 OF 2009 RAJENDRA JEE @ VIJAY YADAV @ RAJENDRA YADAV, SON OF BAJRANGI YADAV, RESIDENT OF VILLAGE PAUNDAUL, P.S. SAKURABAD, DISTRICT JEHANABAD VERSUS STATE OF BIHAR ----------- 3. 09.11.2009 Heard learned senior counsel for the petitioner and learned counsel for the State. The case is under section 384 of the Indian Penal Code and sections 25(1-B) A and 26 of the Arms Act and section 17 of the Criminal Law Amendment Act. As per first information report, petitioner and one another were apprehended on suspension being members of the extremist’s gang. It is stated that one country made loaded gun and some demand receipts for extortion were recovered from possession of petitioner. Learned senior counsel for the petitioner submits that on the face of materials as mentioned in the F.I.R., section 384 of the I.P.C. is not applicable in the case as there was no allegation of extortion or attempt of extortion by petitioner. He submits that maximum punishment under Section 17 of Criminal Law Amendment Act is two years and petitioner has completed two years in custody today and the trial has not yet commenced. He submits that petitioner is an accused in two more cases from before. - 2 - Considering the period of incarceration of petitioner and considering the fact that no overt act was alleged in the F.I.R. except recovery of the articles from his possession under suspicious circumstances and also considering the fact that trial of the case has not yet commenced, the application is allowed. Let petitioner (Rajendra Jee alias Vijay Yadav @ Rajendra Yadav) be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Sherghatty (Gaya) in Tr. No.1887/08 arising out of Gurua P.S. Case No.79/07, G.R. Case No.821/07 with conditions as laid down in sub- section (3) of Section 437 of the Code of Criminal Procedure as may be applicable and also that one of the bailors shall be a close relation of the petitioner. In case of breach of any of the conditions at any stage to the satisfaction of the concerned court below, it shall be at liberty to cancel the bail of the petitioner and take steps for his arrest. B.T (J.N. Singh, J.)