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Patna High CourtCR. MISC./60073/2017allowed

Rambhaju Yadav @ Rambhajju Yadav v. The State Of Bihar

2018-01-17Mr. Justice Aditya Kumar Trivedi2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60073 of 2017 Arising Out of PS.Case No. -48 Year- 2016 Thana -ROSHANGAANJ District- GAYA ====================================================== Rambhaju Yadav @ Rambhajju Yadav, S/o Preman Yadav, R/o Vill. Rewada, P.S. Barachatti, Dist.- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Sharma, Adv.

For the Opposite Party/s : Mr. Sri Shailendra Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor.

Unknown criminals claiming themselves to be member of an outfit organization PLFI raided the site where construction work was going on and asked the Munsi/informant to instruct the contractor to pay rupees five lacs as rangdari otherwise they will be eliminated. They also snatched away mobile set of the informant. From the case diary, it is evident that first of all Arun Kumar Yadav who was apprehended in some another case and who, during course thereof, had made inculpatory extra judicial confessional statement identified the petitioner along with others to be his associate during course of threatening the informant on the basis of which, petitioner was also apprehended and para-47, contains inculpatory extra judicial confessional statement of the petitioner. Apart from 48 of the case diary, para-3 of the bail petition speaks a lot with regard to criminal antecedent of the petitioner being an accused in altogether twenty one cases of more or less of similar nature.

Patna High Court Cr.Misc. No.60073 of 2017 (3) dt.17-01-2018 Considering the nature of the evidence, petitioner Rambhaju Yadav @ Rambhajju Yadav is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(ten thousand) with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Raushan Ganj (Bankey Bazar) P.S. Case No.48/2016, but considering the criminal antecedent of the petitioner, it looks desirable to have some sort of embargo over his activity and on account thereof, one of the bailor should be a government servant who will give an undertaking that petitioner would not engage himself in anti-social activity henceforth. Before acceptance of the bail bond, the learned lower court will procure necessary information from the office concerned where one of the bailor would be employed regarding, authenticity of the bailor.

(Aditya Kumar Trivedi, J.) Prakash Narayan U T