Sajan Rai @ Modi @ Sajjan Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4407 of 2023 Arising Out of PS. Case No.-161 Year-2020 Thana- TILAUTHU District- Rohtas ====================================================== SAJAN RAI @ MODI @ SAJJAN RAI S/o Late Radha Rai, R/o VillagePthiyawn, P.S.- Sheosagar, Distt- Rohtas at Sasaram. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajani Kant Pandey For the Opposite Party/s :

Mr.Mohammad Sufyan ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 27-04-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner is seeking regular bail in connection with Sessions Trial No. 256 of 2021, arising out of Tilauthu P.S. Case No. 161 of 2020, registered for offence punishable under Sections 387, 506, 120B, 34 of the Indian Penal Code and Section 14, 16, 18, 20, 40 of the U.A.P.A. Act. As per allegation, the members of MCC demanded ransom from the informant, who is the Manager of a construction company and his Supervisor has also received extortion calls on his mobile.

The learned counsel for the petitioner has submitted that the entire allegation is false. The petitioner's name has

Patna High Court CR. MISC. No.4407 of 2023(2) dt.27-04-2023 2/3 figured in the confessional statement of co-accused Bhorik Yadav. He has also submitted that the other accused persons, including co-accused Bhorik Yadav on whose confessional statement the name of the petitioner has figured, have been granted bail by the coordinate Bench of this Court and other coaccused persons on similar ground have also been granted bail by the coordinate Benches of this Court in Cr. Misc. Nos. 43405 and 28788 of 2021.

On the other hand, the learned APP has opposed the prayer for bail, but has fairly conceded that except confessional statement of co-accused, there is nothing against the petitioner in the entire case diary.

Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned 18th Additional Sessions Judge, Rohtas at Sasaram in connection with Sessions Trial No. 256 of 2021, arising out of Tilauthu P.S. Case No. 161 of 2020, subject to the following conditions:- (i) The petitioner shall cooperate in the disposal of trial and make himself available as and when

Patna High Court CR. MISC. No.4407 of 2023(2) dt.27-04-2023 3/3 required by the court.

(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) Mahesh/- U T