Babul Pandey @ Babul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6194 of 2020 Arising Out of PS. Case No.-294 Year-2018 Thana- GOVINDGANJ DistrictEast Champaran ====================================================== BABUL PANDEY @ BABUL KUMAR Son of Vinod Pandey Resident of Village- Hardiya Areraj, Ward No. 4, P.S.- Gobindganj, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shakti Suman Kumar, Advocate.

For the Opposite Party/s:

Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 03-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends his arrest for the offences alleged under Sections 387 of the Indian Penal Code registered in connection with Govindganj (Areraj) P.S. Case No. 294 of 2018.

3. It is submitted that the petitioner has been falsely implicated in connection with alleged demand of Rs. 50,00,000/- with threat. It is submitted that the mobile phone no. 9633175264 from which the extortion call is said to have been made does not belong to the petitioner as specifically pleaded in paragraph-8 of the petition. The petitioner has been implicated on the basis of alleged confessional statement of the petitioner in connection with Govindganj P.S. Case No. 296 of 2018 in which the petitioner had been arrested but has not been remanded in this case.

4. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from

Patna High Court CR. MISC. No.6194 of 2020(2) dt.03-03-2020 2/2 the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Govindganj (Areraj) P.S. Case No. 294 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.

(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Ibrar//- U T