Suman Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13673 of 2025 Arising Out of PS. Case No.-124 Year-2023 Thana- SIMULTALLA District- Jamui ====================================================== Suman Kumar Yadav Son of Rajendra Yadav Village- Kenmankathi PS -Jashidih District -Deoghar Jharkhand ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Manish Kumar, Adv.
For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 28-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Simultalla P.S. Case No. 124 of 2023 dated 05.11.2023 registered for the offence punishable under Sections 387 and 427/34 of the Indian Penal Code and Section 27 of the Arms Act.
3. The prosecution case, in short, is that some unknown persons demanded extortion of Rs. 20 lakhs from the informant by making several phone calls to him and also threatened to kill him and his family. Again, on 04.01.2023 at 7.30 pm, some unknown persons came on two motorcycles and fired towards the house of the informant and thereafter made a call on mobile of the informant to pay Rs. 5 lakhs at once and the rest amount within ten days.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It
Patna High Court CR. MISC. No.13673 of 2025(2) dt.28-02-2025 2/3 is submitted that the petitioner is not named in the F.I.R.. Only on the basis of confessional statement of Ajit Pandey and Rahul Kumar, who disclosed the name of the petitioner, the petitioner has been made accused in this case. It is submitted that nothing incriminating articles have been recovered either from the conscious possession of the petitioner or from his house. It is further submitted that coaccused persons, namely, Rahul Kumar and Ajit Pandey have been granted bail vide Criminal Miscellaneous No. 15016 of 2024 and Criminal Miscellaneous No. 43830 of 2024 respectively by this Court. Lastly, it has been submitted that the petitioner is in custody since 20.12.2024, having one criminal case against him, in which the petitioner is on bail and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Jamui in connection with Simultalla P.S. Case No. 124 of 2023, subject to the following conditions:-
1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and on his absence on two consecutive dates without sufficient reason, his bail
Patna High Court CR. MISC. No.13673 of 2025(2) dt.28-02-2025 3/3 bond shall be cancelled by the Court below.
2. One of the bailors will be his own blood relation, preferably father, mother, brother, sister and or his wife.
3. The bailor shall also state on affidavit that he will inform the court concerned if the petitioner is made accused in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse.
4. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(Khatim Reza, J) prabhat/- U T