Radhe Sarkar @ Monu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38597 of 2021 Arising Out of PS. Case No.-37 Year-2021 Thana- RUPASPUR District- Patna ====================================================== Radhe Sarkar @ Monu Kumar Son of Shyam Narayan Yadav @ Shyam Narayan Singh Resident of Mohalla- Mahuabagh, P.S.- Rupaspur, DistrictPatna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhirendra Kumar Singh For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 4.

21-10-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Rupaspur P.S. Case No. 37 of 2021, registered for the offence under Sections 147, 148, 149, 504, 506, 385 of the Indian Penal Code and Section 27 of the Arms Act.

As per the prosecution case, on the alleged date and time of occurrence, this petitioner alongwith other FIR named accused persons abused the informant and demanded Rs. Two Lacs, as extortion, and when the informant showed his inability to pay the same, the petitioner and other accused made firing and threatened the informant for dire consequences. It is submitted on behalf of petitioner that there is no specific allegation against this petitioner. The allegation of abusing and firing is general and omnibus in nature. Petitioner has got clean antecedent and he is in custody since 02.03.2021.

Patna High Court CR. MISC. No.38597 of 2021(4) dt.21-10-2021 2/2 Chargesheet has been submitted.

Learned A.P.P. for the State has opposed the bail petition.

Considering the nature of allegation and period of custody, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned A.C.J.M. - II, Danapur, Patna in connection with Rupaspur P.S. Case No. 37 of 2021, on the following conditions:

"(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his 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.) anay U T