Purushottam Kumar @ Chhotu Yadav @ Purushottam Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25686 of 2021 Arising Out of PS. Case No.-25 Year-2020 Thana- GOPALPUR District- Bhagalpur ====================================================== PURUSHOTTAM KUMAR @ CHHOTU YADAV @ PURUSHOTTAM YADAV SON OF RAMRATI YADAV R/O VILLAGE - LATRA P.SRANGRA, (GOPALPUR) DISTRICT- BHAGALPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ranjan Kumar Jha For the Opposite Party/s :

Mr.APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-12-2021 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in connection with Gopalpur P.S. Case no. 25 of 2020 registered for the offence punishable under sections 384, 386, 387, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that petitioner is in custody since 4.6.2020 and charge sheet has been submitted. Learned counsel further submits that the informant in the FIR alleges that he received secret information that the petitioner a veteran criminal along with named associates are demanding extortion money from contractors who undertook government work and threatened the employees and in his

Patna High Court CR. MISC. No.25686 of 2021(3) dt.22-12-2021 2/3 misdeeds is being helped by one Sohail Akhtar and accordingly, Sohail Akhtar was apprehended and from his possession mobile with voice recording was recovered in which it came to light that Sohail Akhtar had mediated the task of the petitioner with officials of 'Phed'. Learned counsel submits that except for his antecedent as far as the allegation in the present FIR is concerned, it is based on confessional statement of Sohail Akhtar that he made this petitioner talked with the officials when the petitioner was in custody. Learned counsel submits that admittedly, during the course of investigation nothing transpires that any extortion amount was given on account of alleged threat as alleged in the FIR.

Learned APP opposes the prayer for bail.

Considering the facts that petitioner is in jail custody since 4.6.2020 and charge sheet has been submitted, the petitioner is directed to be released on bail on furnishing bail bonds of Rs 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the Addl. Chief Judicial Magistrate III, Naugachia District Bhagalpur in Gopalpur P.S. Case no. 25 of 2020 with condition that petitioner will have to mark his attendance before the concerned police station in between 20th to 25th of every month commencing after

Patna High Court CR. MISC. No.25686 of 2021(3) dt.22-12-2021 3/3 petitioner is released in Gopalpur P.S. Case no. 120 of 2020 till the charges are not framed, in the event concerned police station reports to the learned court below that petitioner has violated the condition imposed as aforesaid in any of the month before framing of the charge, the learned court below will forthwith cancel his bail bond. Further, the petitioner will have to produce copy of the order passed in Gopalpur P.S. Case no. 120 of 2020 before the learned court below and the concerned police station in which he will be marking his attendance in the present case. (Satyavrat Verma, J) s.hassan/- U T