Singho Yadav @ Singheshwar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13643 of 2021 Arising Out of PS. Case No.-54 Year-2019 Thana- BELHAR District- Banka ====================================================== Singho Yadav @ Singheshwar Yadav, S/O Sitaram Yadav, Resident of Village - Badla, P.S. - Belhar, District - Banka.
... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vibhakar Kumar, Advocate For the Opposite Party/s :
Ms. Meena Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 23-09-2021 The matter has been taken up today for consideration through video conferencing.
Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in connection with Belhar P.S. Case No.54 of 2019 registered for the offence punishable under Sections 384, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.
As per the prosecution case, on the alleged date four persons on two motorcycles went at the place of occurrence and snatched mobile phones of the Driver and Assistant Driver of the Company and after resorting to firing, they fled away. On the next day, demand of ransom was made on a mobile phone which was received by the Supervisor. They have also
Patna High Court CR. MISC. No.13643 of 2021(6) dt.23-09-2021 2/3 threatened that till payment of Rangdari is made, no work will be executed.
Counsel for the petitioner submits that the petitioner is not named in the FIR. He has not been put on T.I. Parade. No incriminating article has been recovered from his possession. Petitioner has been made accused on suspicion and save and except suspicion, there is no cogent material to connect him with the alleged offence. He is in custody since 05.07.2019. Learned APP for the State has opposed the prayer for bail.
Considering the rival submissions as also the facts and circumstances of the case, this Court for the purposes of grant of bail is inclined to accept the submissions advanced by the petitioner's counsel. Prayer for bail of the petitioner is allowed.
Let the petitioner, above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka, in connection with Belhar P.S. Case No.54 of 2019, subject to the following conditions: (i) That one of the bailors will be a close relative of the petitioner who will give an affidavit
Patna High Court CR. MISC. No.13643 of 2021(6) dt.23-09-2021 3/3 giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
This Court would expect that the petitioner's counsel would honour his undertaking in the instant proceedings regarding supply of the requisite court fee etc. within two weeks from the date he is called upon to do so by the office. (Madhuresh Prasad, J) PNM U T