Azad Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21941 of 2024 Arising Out of PS. Case No.-4 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== Azad Hussain S/o Md. Hussain Miyan @ Md. Hussain Ansari @ Md. Husen Hawari R/O Village - Basatpur, Bairiya, P.S. - Ramgarhwa, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner :

Mr. Madhurendra Kumar, Advocate For the State :

Ms. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 01-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Ramgarhwa P.S. Case No. 04 of 2024 instituted for the offence under Sections 384 & 386 of the Indian Penal Code. 3.

As per the prosecution case, informant has received a Whatsapp call from Whatsapp No. 7493092734 and the caller of the said phone has demanded Rs. 20 lakhs as extortion and also threatened to kill him, if the said amount will not be paid. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 13-01-2024. Petitioner is stated to be man of clean antecedent.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.21941 of 2024(2) dt.01-04-2024 2/2 counsel that petitioner has been falsely implicated in the present case. Petitioner is not named in the FIR. Name of the petitioner has transpired during course of investigation as Whatsapp Number is registered in the name of the petitioner, from which ransom was demanded. It is submitted that Sections 384 and 386 of the IPC is not attracted as nothing has been paid by the informant. It is lastly submitted that charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, clean antecedent of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Ramgarhwa P.S. Case No. 04 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T