Bigan Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37083 of 2015 Arising Out of PS.Case No. -77 Year- 2015 Thana -BARGANIA District- SITAMARHI ======================================================

1. Bigan Sahni son of Raji Sahani resident of village Maniyari P.S. Majorganj District Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Smt.Rina Sinha(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-08-2015 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in jail since 18.05.2015 in a case registered for offences punishable under Sections 387 of the Indian Penal Code.

The prosecution case is that on 15.05.2015 at 9.48 hours when the informant was at home, he received call on his mobile number 9934694578 from Mobile number 9472559840 and the caller demanded Rs. 5.00 lakh as extortion money and threatened him. Again at 4.30 P.M. on 16.05.2015 at 11.03 hours calls were received and the caller threatened him that if he will not pay the extortion money then he would be shot dead.

It has been submitted by the learned counsel for the petitioner that one Bala Sahani in whose name the same number 9472559840 is registered, is enimical terms with the petitioner because the petitioner has filed a case against him and his associates vide Majorganj P. S. Case No. 207/2014 under various

Patna High Court Cr.Misc. No.37083 of 2015 (2) dt.31-08-2015 2/2 sections of the I.P.C. including Section 307 of the I.P.C. in which charge sheet has been submitted and the present case is nothing but a counter case in which the petitioner has been implicated. In view of the facts and circumstances, let the petitioner, namely, Bigan Sahni be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in Bairgania P.S.Case No. 77/2015 with following conditions as laid down hereunder :- I) One of the bailors will be the close relative of the petitioner.

II) The petitioner will not indulge in similar or in any other offence.

III) The petitioner will be well represented in the Court.

IV) In case of absence for two consecutive dates or in violation of the terms of the bail, his bail bond will be liable to be cancelled by the Court concerned.

(Nilu Agrawal, J) Sudha/- U T