Raja Kumar @ Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 82815 of 2019 Arising Out of PS. Case No.-160 Year-2019 Thana- SABAUR District- Bhagalpur ====================================================== RAJA KUMAR @ RAJA YADAV Son of Shiv Bhajan Yadav @ Rambhajan Yadav Resident of Village - English, P.S.- Sabour, Distt - Bhagalpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Sharda Kumari, APP CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 18-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in the present case is seeking regular bail in connection with Sabour P.S. Case No. 160 of 2019 registered for the offence punishable under Sections 384, 386 of the Indian Penal Code.

Learned counsel for the petitioner submits that the allegation against the petitioner is mere farce as the informant has alleged that this petitioner has been taking his name and was threatening the operator of the company with dire consequences if the Rangdari amount has not been given to him. The allegation is that of giving threat.

Patna High Court CR. MISC. No. 82815 of 2019(3) dt.18-03-2020 2/3 Learned counsel submits that there is no independent witness to the alleged allegation and the petitioner is in custody since 05.06.2019. The petitioner is having two cases on his head in which he has been granted bail.

Learned APP for the State is present and though he opposed the prayer for regular bail of the petitioner but considering the submission of the petitioner that there is an allegation of giving threat for Rangdari but the petitioner has remained in custody for about nine months and there has been no material to support the allegation, let the petitioner abovenamed be released on bail on furnishing bail bond of Rs.15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XI, Bhagalpur, in connection with Sabour P.S. Case No. 160 of 2019, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (iii) that such person shall not, directly or indirectly,

Patna High Court CR. MISC. No. 82815 of 2019(3) dt.18-03-2020 3/3 make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T