Gautam Kumar Sao v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47951 of 2015 Arising Out of PS.Case No. -306 Year- 2014 Thana -SHERGHATI District- GAYA ====================================================== Gautam Kumar Sao Son of Ramjee Sab Resident of Village Lambograha, P.S. - Berachatti, District - Gaya.

.... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Mohammad Sufyan For the Opposite Party/s : Mr. B.N. Pandey (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 02-11-2015 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking bail in connection with Sherghati (Dobhi) P.S. Case No. 306 of 2014 registered for offences under sections 386 of the Indian Penal Code and 17 of the C.L.A. Act It appears that the informant is the associate of the Company to whom the extortion money of Rs. 50,000,00/- (fifty lakhs) was demanded by three mobiles mentioned in the first information report. Two mobiles phones are on credit of Rajesh Kumar and one mobile belongs to Baba. Though the name of petitioner has come during the investigation, but there is no substantial material against him, as his mobile is not there through which the demand of Rangdari was made. Six persons were made

Patna High Court Cr.Misc. No.47951 of 2015 (2) dt.02-11-2015 2/2 accused in the present case and out of 6, 5 have been granted bail by this Court, vide Criminal Misc. No. 19440 of 2015 of Rajesh Kumar who was involved in demanding the extortion money. Looking to the facts and circumstances of the case, let the petitioner, above named, be released on bail on his 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, Sherghati, Gaya in connection with Sherghati (Dobhi) P.S. Case No.

306 of 2014, subject to the condition that (i) one of the bailors shall be a close relative of the petitioner (ii) if the petitioner is found involved in future in similar type of case, the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order, including cancellation of bail and (iii) the petitioner would cooperate the proceeding of the court below. In event of failure to appear on two consecutive dates, the court below will be at liberty to pass the order, including cancellation of bail bonds.

(Shivaji Pandey, J) Mahesh/- U T