Patna High CourtCR. MISC./48188/2017bail granted

Sarvesh Das v. The State Of Bihar

2018-01-10Mr. Justice Ashutosh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48188 of 2017 Arising Out of PS.Case No. -535 Year- 2016 Thana -SITAMARHI District- SITAMARHI ====================================================== Sarvesh Das S/o Late Deepnarayan Das resident of Village- Madhopur Sultan, P.S. Runnisaidpur, District Sitamarhi. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-01-2018 Heard the counsels for the parties.

The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 535 of 2016 dated 18.08.2016 instituted for the offences under Sections 385, 387 of the Indian Penal Code. A ransom call was made on the telephone number of the informant and he was asked to pay up rupees twenty lacs or else, he would face dire consequences. The petitioner is not named in the F.I.R. nor is the owner of the telephone number through which the ransom call was made. The name of the petitioner has transpired during the course of investigation, in the confession of a co-accused person. It has been submitted on behalf of the petitioner that only because of the criminal antecedents of the petitioner and

Patna High Court Cr.Misc. No.48188 of 2017 (4) dt.10-01-2018 2/2 his having been involved in several other cases in the past, he has been made accused in this case. At the time of ransom call, the petitioner was lodged in jail. It has also been pointed out by the learned counsel for the petitioner that all the cases against the petitioners are interspersed over the period of several years ranging from 2004 till 2016 and in all the cases referred to in para 3 of the petition, except for one case viz. Runnisaidpur P.S. Case No. 244 of 2013, the petitioner is on bail. He is said to be in custody since 03.01.2017.

Taking into account the aforesaid facts, this Court is inclined to grant bail to the petitioner. The petitioner, above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) with sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 535 of 2016.

(Ashutosh Kumar, J) Shageer/- U T