Patna High CourtCR. MISC./18548/2018bail granted

Binay Pathak v. The State Of Bihar

2018-04-02Mr. Justice Arun Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18548 of 2018 Arising Out of PS. Case No.-28 Year-2018 Thana- CHANPATIA District- West Champaran ====================================================== Binay Pathak S/o Shri Nitya Pathak @ Nityanand Pathak, R/o Village- Pathak Tola, P.S.- Chanpatia, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar For the Opposite Party/s :

Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 02-04-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner, already in custody, seeks bail in connection with Chanpatia P.S. Case No.28 of 2018, registered under Sections 147/148/149/341/323/387/504 and 506 of the Indian Penal Code.

Allegation in brief is that the petitioner made demand of extortion from the informant and asked for Rs.20,000/- per month for running the school.

Learned counsel for the petitioner submits that petitioner was objecting for increasing fee asked by the school and, therefore, the false implication was made, the petitioner has one criminal antecedent under Sections 323/307/504/34 of the Indian Penal Code, he is in custody since 20.01.2018 and it is

Patna High Court Cr.Misc. No.18548 of 2018(2) dt.02-04-2018 2/2 alleged that the petitioner also exposed arms but there is no such recovery.

Having considered the said facts and circumstances, petitioner Binay Pathak is directed to 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 ACJM-Vth, Bettiah, West Champaran in connection with Chanpatia P.S. Case No.28 of 2018 with conditions that the petitioner shall remain physically present on each and every date before the trial court and if he absents himself on two consecutive dates without any reasonable cause, his bail bond shall liable to be cancelled and further that if the petitioner is found involved in similar offence in future, his bail bond shall liable to be cancelled.

(Arun Kumar, J) S.KUMAR/- U T