Santosh Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.500 of 2020 Arising Out of PS. Case No.-514 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== SANTOSH KUMAR SINGH Son of Late Roop Narayan Singh @ Ram Narain Singh Resident of Village - Jasauli Patti, P.S.- Kotwa, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

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

Mr. Arun Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 04-03-2020 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Bettiah Town (Kalibag O.P.) P.S. Case No.514 of 2018 registered under Sections 387 and 120B/34 of the Indian Penal Code. The accusation is that the informant is said to have received a call from a mobile number and the caller demanded Rs.15 lakhs of extortion and also threatened him to face dire consequences.

It has been submitted on behalf of the petitioner that no such occurrence as alleged ever took place. He has been falsely implicated in this case on the confessional statement of co-accused Anuj Kumar due to ulterior motive which has no

Patna High Court CR. MISC. No.500 of 2020(3) dt.04-03-2020 2/3 evidentiary value in the eye of law. The said mobile number is not hailing to the petitioner rather to the co-accused Anuj Kumar. Moreover, charge is framed against the petitioner. Earlier vide order dated 25.06.2019, this Court has rejected the bail prayer of the petitioner. The said Anuj Kumar has been enlarged on bail by a coordinate Bench of this Court vide order dated 11.02.2019 passed in Cr. Misc. No.7718 of 2019. Petitioner is languishing in custody since 14.08.2018. In the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, West Champaran at Bettiah in connection with Bettiah Town (Kalibag O.P.) P.S. Case No. 514 of 2018 (Tr. No.7124 of 2019), subject to the following conditions :

(1) One of the bairlors will be his own blood relative, preferably, father, mother, brother, sister and/or his wife.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in court on each and every date during trial and in the event of

Patna High Court CR. MISC. No.500 of 2020(3) dt.04-03-2020 3/3 failure on two consecutive dates without sufficient reasons, his bail bonds shall be liable to be cancelled by the learned court concerned.

(4) The petitioner shall co-operate with the investigation, if not already concluded and make himself available and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjani Kumar Sharan, J) Trivedi/- U T