Ramesh Singh @ Reamesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.14319 of 2021 Arising Out of PS. Case No.-19 Year-2020 Thana- JEHANABAD RAIL P.S. District- Patna ====================================================== RAMESH SINGH @ REAMESH SINGH Son of Late Baleshwar Singh Resident of Village- Sarwa, P.S.- Masaurhi, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kanhaiya Prasad Singh, Sr. Advocate For the Opposite Party/s :
Mr. Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 02-03-2021 Heard Mr. Kanhaiya Prasad Singh, learned senior counsel for the petitioner and Mr. Jai Narain Thakur, learned counsel appearing for the State.
Petitioner seeks regular bail in connection with G.R.P. (Rail) Jahanabad (Taregana) P.S. Case No. 19 of 2020 registered for the offence punishable under Section 384 / 34 of the I.P.C. and Section 27 of the Arms Act.
The allegation as per the First Information Report is that the informant, who is Police Officer, heard noise from Taregana Railway Station parking area and saw that persons from two groups, one belonging to the petitioner and men of railway contractor namely, Sanjay Singh were indulged in scuffle and making hue and cry and from the parking area 01
Patna High Court CR. MISC. No.14319 of 2021(2) dt.02-03-2021 2/3 fired cartridge was recovered and one Tinku Kumar was arrested by the informant, who disclosed that he used to realize money from the vehicle owners at the instance of Ramesh Singh (i.e. the petitioner) for which he is paid Rs. 200/- per day. Learned senior counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and he has falsely been implicated in this case by Police due to oblique motive. Learned counsel next submits that the petitioner is an authorized contractor of the parking area near Taregana Railway Station and has employed persons for realizing parking charges from the vehicles coming inside the parking area.
Learned counsel next submits that from perusal of the First Information Report it is evident that petitioner was not found demanding extortion money from the vehicle owners as such provision of Section 384 of the I.P.C. is not attracted as there is no allegation that petitioner intentionally put any person in fear of injury and extorted money. Learned counsel next submits that name of the petitioner transpired on the basis of the statement made by the arrested co-accused / Tinku Kumar who has been granted bail by court below itself in B.P. No. 1128 of 2020. Learned counsel also submits that petitioner is on bail in all the cases which the mentioned in para -3 of this application and in one case final form has been submitted and he is in custody since 13.10.
Patna High Court CR. MISC. No.14319 of 2021(2) dt.02-03-2021 3/3 sheet has already been submitted.
Having heard learned counsel for the parties and taking into consideration the materials available on record, the nature of allegation as well as the fact that charge sheet has already been submitted and there is no likelihood that the petitioner will abscond or tamper with the evidence, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Railway Judicial Magistrate, Patna / court concerned in connection with G.R.P. (Rail) Jahanabad (Taregana) P.S. Case No. 19 of 2020.
It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J) praful/- U T