Ajay Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28708 of 2021 Arising Out of PS. Case No.-161 Year-2020 Thana- TILAUTHU District- Rohtas ====================================================== AJAY KUMAR SINGH S/O RAJ KUMAR SINGH R/O VILLAGEGHATMAPUR, P.S.-SASARAM (M), DISTRICT-ROHTAS. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Tiwari For the Opposite Party/s :

Mr. Biseshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-08-2021 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 387 and some other ancillary Sections of the Indian Penal Code and u/s 14, 16, 18, 20, 40 of U.A.P.A. Act.

As per the prosecution case, 12-15 unknown persons variously armed came on the construction site and threatened the informant and other staff members and noted the mobile No. of Supervisor, Ranjeet Kumar. It is further alleged that on 25.11.2020 and 02.12.2020 extortion calls were made from mobile No. 8092392817 and the caller demanded levy. Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come during the course of investigation on the basis of

Patna High Court CR. MISC. No.28708 of 2021(2) dt.09-08-2021 2/3 suspicion and secret information and thereafter petitioner was arrested. It is submitted that from the house of petitioner some clothes, two empty cartridges and one Scorpio vehicle was seized. Only material that has come during the course of investigation that from CDR it was found that petitioner was in touch with active members of the MCC Naxalite organization. It is submitted that no ransom was paid and no case u/s 387 of the IPC is made out. The petitioner has not been put on T.I. Parade and is in custody since 09.12.2020 and charge sheet has been submitted.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate, 1st class, Dehri-on-Sone, Rohtas in connection with Tilauthu PS case No. 161/2020 on the following conditions:-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and

Patna High Court CR. MISC. No.28708 of 2021(2) dt.09-08-2021 3/3 on his/ her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

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

(Prabhat Kumar Singh, J) BKS/- U T