Patna High CourtCR. MISC./12449/2017dismissed

Rahul Singh @ Abhishek Kumar v. The State Of Bihar

2017-04-12Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12449 of 2017 Arising Out of PS.Case No. -341 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Rahul Singh @ Abhishek Kumar, son of Sant Bachcha Thakur, resident of Village- Khajuriya, P.S.- Govindganj, District- East Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kumar Kaushik, Advocate For the Opposite Party/s : Mr. Mustaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner.

This is an application for bail in connection with Sugauli P.S.Case No. 341 of 2015 registered for the offences punishable under Sections 385 and 387 of the Indian Penal Code. Allegation against the petitioner is for demand of extortion and it is said that informant received phone call from the petitioner.

It has been submitted on behalf of the petitioner that petitioner has falsely been implicated in this case as on verification of address of the mobile phone, it was found to be fake. However, as it is alleged in FIR that caller disclosed the name as Rahul Singh, i.e., the petitioner, as such, he has been made accused in this case and at that time he was in custody and in the present case he is in custody for more than one year.

Patna High Court Cr.Misc. No.12449 of 2017 (4) dt.12-04-2017 2/2 Heard learned APP also.

Having heard both sides and in view of allegation and considering the criminal antecedents, I am not inclined to grant bail to the petitioner.

However, as the petitioner is in custody for more than one year, learned trial court is directed to expedite the trial and at the same time the Superintendent of Police, East Champaran is directed to ensure that the witnesses are present in court on the date fixed.

Accordingly, this application is dismissed.

(Vinod Kumar Sinha, J) spal/- U