Mohan Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51894 of 2015 Arising Out of PS.Case No. -537 Year- 2008 Thana -SITAMARHI District- SITAMARHI ======================================================

1. Mohan Baitha S/o Rajmangal Baitha, Resident of Village - Bhoraha Birta Tole, P.S. - Riga, District - Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Alok Kumar Alok Mr. Virendra Kumar For the Opposite Party/s : Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 09-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Sessions Trial No.513 of 2014, arising out of Sitamarhi P.S. Case No.537 of 2008, registered for the offence under Sections 386, 387, 212 and 120(B)/34 of the Indian Penal Code and under Section 3 and 4 of the Explosive Substance Act. Allegation has been made that the petitioner and other members have formed a gang of demanding ransom money. As per the FIR, the petitioner and others have demanded a ransom of Rs.25,00,000/- from the information and in the event of noncompliance threat was given to kill the informant and his family

Patna High Court Cr.Misc. No.51894 of 2015 (5) dt.09-02-2016 2/3 members and also destroy the nursing home, which the informant was running.

During the investigation it transpires that the petitioner and others formed a gang of demanding ransom money and there are eight identical cases in the credit of the petitioner. The petitioner is in jail since 17.10.2013.

Having considered the facts and circumstances of the case, let the petitioner-Mohan Baitha be released on bail on furnishing bail bonds of Rs.10, 000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional District Judge, III, Sitamarhi, in connection with Sessions Trial No.513 of 2014, arising out of Sitamarhi P.S. Case No.537 of 2008, subject to the conditions that:- (i) one of the bailors will be a close relative of the petitioner;

(ii) If the petitioner is found involved in similar type of case in future, the prosecution will be at liberty to make prayer for cancellation of his bail and the Court below will pass necessary order, including cancellation of bail;

(iii) that the petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates without reasonable explanation, the court below will be at liberty to cancel the bail bonds

Patna High Court Cr.Misc. No.51894 of 2015 (5) dt.09-02-2016 3/3 of the petitioner and;

(iv) The petitioner will report to the concerned police station by 7th of every month for a period of nine months.

(Shivaji Pandey, J) pawan/- U