Sudhir Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7797 of 2023 Arising Out of PS. Case No.-14 Year-2020 Thana- MAIGRA District- Gaya ====================================================== SUDHIR YADAV Son of Rameshwar Yadav R/o Village - Navratanpur, P.S.- Pratappur, District - Chatra (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Sinha For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 03-05-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of regular bail, arises out of Maigra Police Station Case no. 14 of 2020 dated 06.05.2020, disclosing offences under Sections 387/435 of the Indian Penal Code.

The prosecution case, on the basis of First Information Report, is that eight to ten unknown persons arrived at the construction site of the informant, who is a contractor assigned with the work of road construction, and demanded a sum of Rs. 5 lacs levy/extortion money and threatened the informant that if the demand is not fulfilled they would be done away with.

On the next date i.e. 05.05.2020, a call was made on

Patna High Court CR. MISC. No.7797 of 2023(2) dt.03-05-2023 2/3 the mobile phone of munsi/clerk of the informant and caller demanded a sum of Rs. 5 lacs as extortion money. On 06.05.2020, about eight to ten miscreants on three to four motorcycles came on the site and assaulted labours and clerk for not fulfilling their demand of extortion and set on fire the JCB machine and other equipment and took away cash amounting to Rs. 20,000/-.

Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has falsely been implicated in this case during the course of investigation on the basis of suspicion.

The petitioner has not been put on Test Identification Parade and the co-accused person, namely, Amarjeet Kumar Yadav has been granted bail by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 37854 of 2021. The petitioner is in custody since 19.09.2020. Regards being had to the submissions made by the parties and taking into consideration the fact that the petitioner is in custody since 19.09.2020, the co-accused has been granted bail by the Co-ordinate Bench of this Court and charge-sheet has already been submitted against him and there is no likelihood that the petitioner will abscond and/or temper with

Patna High Court CR. MISC. No.7797 of 2023(2) dt.03-05-2023 3/3 evidence, accordingly, I am inclined to grant regular bail to the petitioner.

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 Judicial Magistrate 1st Class, Sherghati, Gaya in connection to the Maigra Police Station Case no. 14 of 2020 dated 06.05.2020, disclosing offences under Sections 387/435 of the Indian Penal Code.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J) ashwani/- U