Sudama Yadav @ Sudama Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11688 of 2018 Arising Out of PS. Case No.-67 Year-2017 Thana- NASRIGANJ District- Rohtas ====================================================== Sudama Yadav @ Sudama Singh, Son of Dudhnath Yadav alias Dudhnath Singh, Resident of Village- Husainabad, Police Station- Nasariganj (Rajpur), District- Rohtas at Sasaram.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. SRI SATYA NAND SHUKLA ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner, the learned APP for the State as well as learned counsel appearing on behalf of the informant.

Petitioner, already in custody, seeks bail in connection with Nasariganj (Rajpur) P.S. Case No.67 of 2017, registered under Sections 384, 385, 386, 395 and 307 of the Indian Penal Code as well as under Section 27 of the Arms Act.

This is the second bail application filed by the petitioner on fresh ground. Earlier the prayer of bail of the petitioner was rejected by order dated 20.09.2017, passed in Cr. Misc. No.43102 of 2017. Learned counsel for the petitioner submits that the case of making demand of extortion is false rather the construction of godown on the land concerned was objected by the petitioner as he has title over the land and the petitioner has approached this Court in writ

Patna High Court Cr.Misc. No.11688 of 2018(2) dt.07-03-2018 2/2 jurisdiction for issuance of writ for stopping the construction and by order dated 01.11.2017, passed in CWJC No.11054 of 2017, the Court has granted status quo, so it is not a case of demand of extortion, moreover there is no specific allegation of firing by the petitioner.

Having considered the said facts and circumstances, petitioner Sudama Yadav @ Sudama Singh is directed to be released on bail on furnishing bail bond of Rs.50,000/- (fifty thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Rohtas in connection with Nasariganj (Rajpur) P.S. Case No.67 of 2017, subject to the following conditions:

(1) One of the bailors must be the close family member of the petitioner.

(2) The petitioner shall not tamper with the evidence or make any inducement.

(3) The petitioner shall remain physically present on each and every date before the trial court and if he absents himself on two consecutive dates without any reasonable ground, his bail bond shall liable to be cancelled.

(Arun Kumar, J) S.KUMAR/- U T