Tunna Singh @ Hari Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19496 of 2020 Arising Out of PS. Case No.-16 Year-2017 Thana- PAKRIDAYAL District- East Champaran ====================================================== TUNNA SINGH @ HARI NARAYAN SINGH Son of Late Binda Singh Resident of Village - Nanhkar Patahai, P.S. - Patahi, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Ranjan For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 18-09-2020 The present petition has been taken up for consideration through the mode of Video Conferencing in view of the prevailing situation on account of COVID-19 Pandemic. Heard the learned counsel for the petitioner and Sri Arun Kr. Pandey, the learned APP for the State. The petitioner seeks regular bail in connection with Pakri Dayal PS case no. 16 of 2017 instituted for the offences punishable under Sections 387, 120(B) of Indian Penal Code.

The allegation is regarding the informant having received extortion call and a demand of extortion money to the tune of Rs. 30 lacs was made and on his failure to pay the same, he was threatened to be done away with.

Patna High Court CR. MISC. No.19496 of 2020(4) dt.18-09-2020 2/3 The learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that the coaccused person namely Mrityunjay Thakur, in his confessional statement, has taken the name of the petitioner to be one of his accomplice. The learned counsel for the petitioner has also submitted by referring to paragraph no. 8 of the present petition that only after the petitioner was arrested in connection Motihari Town PS case no. 544 of 2014, he was remanded in several other cases and that is why, the criminal antecedent of the petitioner is seemingly bad. Lastly, it is submitted that the said co-accused person namely Mrityunjay Thakur, on the basis of whose confessional statement, the name of the petitioner has transpired in the present case, has already been granted bail by a co-ordinate Bench of this Court vide order dated 04.08.2017, passed in Cr. Misc. no. 34965 of 2017.

Per contra, the learned APP for the State vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions of the learned counsel for the parties and taking into account the materials available on record as also considering the parity of the case of the petitioner

Patna High Court CR. MISC. No.19496 of 2020(4) dt.18-09-2020 3/3 with that of the co-accused person who has already been granted bail by a co-ordinate Bench of this Court, the abovenamed petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of learned Vth Additional Sessions Judge, East Champaran at Motihari in connection with Pakri Dayal PS case no. 16 of 2017.

(Mohit Kumar Shah, J) rinkee/- U T