Ram Subhash Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28788 of 2021 Arising Out of PS. Case No.-161 Year-2020 Thana- TILAUTHU District- Rohtas ====================================================== RAM SUBHASH YADAV Son of Late Ysamuna Yadav Resident of Village - Behera, P.S.- Tilauth, Dist.- Rohtas.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aditya Narayan Singh.1 For the Opposite Party/s :

Mr. Kalyan Shanker, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 387 and other ancillary Sections of the Indian Penal Code and u/s 14, 16, 18, 20, 40 of U.A.P. Act.

As per the prosecution case, 10-12 unknown persons armed with weapons demanded extortion and further stated that if levy is not paid they would kill the staff members. Again on 25.11.2020 on 02.12.2020 extortion calls were made from mobile No. 8092392817. It is alleged that mobile No. which was provided to the Munshi by the culprits belonged to the petitioner.

It is submitted that petitioner is not named in the FIR nor mobile No. 8092392817 and 7033055348, which are alleged

Patna High Court CR. MISC. No.28788 of 2021(2) dt.10-08-2021 2/3 to have been provided by the accused persons to the Munshi, as alleged in the FIR, belonged to the petitioner. The only material that has come during the course of investigation against this petitioner is that this petitioner was in contact with the persons who demanded extortion from the informant. Till date no Test Identifaction Parade has been done. Although it is stated in pargraph 3 of the bail petition that petitioner is accused in two other cases but he is on bail in those cases. Petitioner is in custody since 08.12.2020.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of 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 Chief Judicial Magistrate, Rohtas at Sasaram in connection with Tilauthu PS case No. 161/2020 on 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 shall remain physically present as directed by the Court and on his/ her absence on two consecutive dates without sufficient

Patna High Court CR. MISC. No.28788 of 2021(2) dt.10-08-2021 3/3 reason, his/her bail bond shall be cancelled by the Court below.

(2) 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.

(Prabhat Kumar Singh, J) BKS/- U T