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Patna High CourtCR. MISC./9167/2020bail granted

Vijay Kumar Singh @ Kasab @ Kalakter v. The State Of Bihar

2020-06-26Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9167 of 2020 Arising Out of PS. Case No.-33 Year-2018 Thana- BARUN District- Aurangabad ====================================================== VIJAY KUMAR SINGH @ KASAB @ KALAKTER Son of Jeewan Singh Resident of Village - Admapur, P.S. Sasaram (Mu.), District - Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs.Arti Kumari For the Opposite Party/s :

Mr.Rana Randhir Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 26-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Mrs. Anita Kumari Singh, learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barun P.S. Case No. 33 of 2018 for the offence registered under Section 387 of the Indian Penal Code.

The case of the prosecution in brief is that on 15.02.2018, the informant is stated to have received a mobile call whereby some unknown persons had demanded a sum of Rs. three lakhs. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and though he is accused in two other cases but he has been granted bail in the said two cases. It is further submitted that there is no

Patna High Court CR. MISC. No.9167 of 2020(3) dt.26-06-2020 2/2 evidence of the petitioner having extorted any sum of money from the informant.

Per contra, the learned counsel for the informant has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case and considering the submissions made by the learned counsel for the petitioner coupled with the fact that no money is actually alleged to have been extracted by the petitioner from the informant, I deem it fit and proper to admit the petitioner herein to the privilege of anticipatory bail.

Accordingly, the petitioner, above named, is directed to be released on anticipatory bail in the event of his arrest/surrender before the court below within a period of four weeks from today, 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, Aurangabad in connection with Barun P.S. Case No. 33 of 2018 subject to the conditions as stipulated under Section 438(2) of the Code of Criminal Procedure.

(Mohit Kumar Shah, J) S.Sb/- U T