Shivshankar Sahani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24901 of 2021 Arising Out of PS. Case No.-31 Year-2020 Thana- MUZAFFARPUR TOWN DistrictMuzaffarpur ====================================================== SHIVSHANKAR SAHANI S/o Late Badri Sahani R/o village- Muradpur Kashi, P.S.- Bochahan, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mirtyunjay Kumar Mishra, Advocate For the Opposite Party/s :

APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-11-2021 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 386 and 34 of the Indian Penal Code.

As per the prosecution case, the informant received a letter of extortion with demand of Rs. 10 lacs on behalf of accused Anil Bhai and Pawan Bhai through registered post and the same contained the name of one A.K Prasad on the envelope.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. His name transpired in course of investigation. Material being relied on against the petitioner is the confessional statement of one Manoj Kumar.

Patna High Court CR. MISC. No.24901 of 2021(3) dt.30-11-2021 2/2 The cause of false implication of the petitioner being that the petitioner happens to be the Chairman of Bhrashtachar Unmulan Morcha. No incriminating material has transpired against the petitioner in course of investigation. The petitioner is in custody since 17.2.2020 and charge sheet has been submitted in the case.

Heard learned APP for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case together with the period in custody and charge sheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Muzaffarpur Town P.S. Case no. 31 of 2020 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Muzaffarpur. (Partha Sarthy, J) Prakash/- U