Bipin Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12383 of 2021 Arising Out of PS. Case No.-32 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== BIPIN RAI SON OF LATE RAM UDGAR ROY R/o village- Chakiya (Naya Tola), P.S.- Barauni (Chakia O.P.), Distt.- Begusarai ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shubhesh Pandey, Advocate For the Opposite Party/s :

Mr. Prem Kumar Jha, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 16-06-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through video conferencing. The petitioner has filed the instant application for grant of regular bail in connection with Barauni Police Station Case No. 32 of 2020 registered under sections 420, 384, 386, 387 and 426 of the Indian Penal Code.

As per allegation in the F.I.R, it is stated by the informant that the petitioner herein had taken Rs.25,000/- from him on the promise of getting him employed. However, inspite of repeated requests, the informant was not employed. It is stated that on the petitioner being arrested in another case, he came to learn about his true identity. On his release, on requesting him to return the money, it is stated that the petitioner

Patna High Court CR. MISC. No.12383 of 2021(2) dt.16-06-2021 2/3 threatened him and further took Rs.5,000/- from him. It is on account of his arrest once again that the instant case has been registered.

It is submitted by learned counsel for the petitioner that the allegations as levelled in the F.I.R are false and concocted. From perusal of the F.I.R itself it would transpire that for an alleged occurrence of March, 2019, the F.I.R. has been registered eight months later in January, 2020 without any reasonable explanation for the delay. The petitioner is in custody since 12.10.2020 and investigation in the case has concluded. The application for bail is opposed by learned A.P.P for the State who submits that not only the petitioner is named in the F.I.R. but there is direct allegation of extortion against him. He has a number of antecedents.

Having heard learned counsel for the parties and taking into consideration the submissions made on behalf of the petitioner together with the investigation in the case having concluded, the Court is inclined to enlarge the petitioner on bail. The petitioner is directed to be enlarged on bail in connection with Barauni Police Station Case no. 32 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.12383 of 2021(2) dt.16-06-2021 3/3 Chief Judicial Magistrate, Begusarai.

(Partha Sarthy, J) Prakash/- U T