Jai Prakash Singh @ Jai Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33062 of 2021 Arising Out of PS. Case No.-3 Year-2020 Thana- BAIRIYA District- West Champaran ====================================================== JAI PRAKASH SINGH @ JAI SINGH Son of Sri Nathu Singh Resident of Village- Pujaha Patjirwa, P.S.- Srinagar, Pujaha, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shiv Kumar Dwivedy, Advocate For the Opposite Party/s :

Mr.Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 17-06-2021 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Bairia P.S. Case No. 03 of 2020 registered for the offence punishable under Sections 120(B), 384, 386, 506/34 of the Indian Penal Code.

Informant has alleged in his written complaint that on 31.12.2019 at about 4:00 PM he received threatening from mobile no. 7766886497 regarding demand of Rangdari. It is further alleged that on the phone he has been told that the person who had gone to collect the Rangdari from him and on refusal he fired upon him but he was saved and the said person was sent to jail. Again a demand was made for Rs. 5 lacs for releasing of the said person.

Patna High Court CR. MISC. No.33062 of 2021(2) dt.17-06-2021 2/3 It has been submitted on behalf of petitioner that he is innocent and has been falsely implicated in this case due to police mechanism. It has been further submitted that statement of Bhulayee Paul @ Vikash Paul was recorded U/s 164 of Cr.P.C. in which he has stated that co-accused Raj Kumar Sah demanded rangdari from his mobile and used the SIM of petitioner. Charge sheet has already been submitted in this case. Petitioner is in custody since 03.01.2020.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bairia P.S. Case No. 03 of 2020 subject to the conditions that:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall cooperate in the trial and shall be properly represented on each and

Patna High Court CR. MISC. No.33062 of 2021(2) dt.17-06-2021 3/3 every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/veenaU T