Vikram Singh @ Vikram Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21333 of 2024 Arising Out of PS. Case No.-187 Year-2023 Thana- SAHIYARA District- Sitamarhi ====================================================== Vikram Singh @ Vikram Kumar Singh SON OF Ram Pravesh Singh RESIDENT OF VILLAGE- BISHANBHARPUR, PS- TARIYANI, DISTTSHIVHAR ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Raja Ram Rai, Adv.
For the Opposite Party/s :
Mr.Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-04-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks regular bail in connection with Sahiyara P.S. Case No.187 of 2023 lodged under Sections 385 and 387 of the I.P.C.
3. As per the prosecution case, the F.I.R. has been lodged against one named and another unknown mobile owner against whom there is allegation of demand of extortion by the informant.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the police has seized the personal mobile of the petitioner, but the conversation of the petitioner and the informant was not recorded/obtained by the police during investigation.
5. Counsel further submits that the petitioner's cousin sister is married in the same village where the informant resides. There was a dispute going on between the informant and the
Patna High Court CR. MISC. No.21333 of 2024(2) dt.02-04-2024 2/3 petitioner on different issues, due to which this false case has been filed against him. The demand of extortion is absolutely wrong and recording of voice has not been obtained by the police during investigation.
6. Counsel further submits that the petitioner is in custody since 03.11.2022 having three criminal antecedent in which he is on bail and charge-sheet has already been filed in this case.
7. Learned counsel for the State opposes the prayer for bail.
8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail, after framing of charge, if not framed, on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Sitamarhi in connection with Sahiyara P.S. Case No.187 of 2023, subject to the following conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions:- (i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive
Patna High Court CR. MISC. No.21333 of 2024(2) dt.02-04-2024 3/3 dates without plausible reason will entail cancellation of his bail bonds by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every month for one year to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidence, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; and (v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
9. However, the petitioner shall be granted bail only on being satisfied by the Trial Court that the petitioner is not absconding in any of the cases pending against him whose details are as follows:- i. Tariyani P.S. Case No.07 of 2018.
ii. Tariyani P.S. Case No.12 of 2018.
iii. Piprahi P.S. Case No.228 of 2021.
(Dr. Anshuman, J.) Prakashmani/- U T