Md. Rehab @ Sajan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25790 of 2024 Arising Out of PS. Case No.-260 Year-2023 Thana- BENIPATTI District- Madhubani ====================================================== MD. REHAB @ SAJAN S/O MD. MAHTAB @ MD. MEHTAB @ MD. MEHTAB ALAM R/O VILLAGE- PARSAUNI, P.S- BISFI, DISTT.- MADHUBANI.

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Subhash Kumar Jha For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 12-09-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Benipatti P.S. Case No. 260 of 2023 dated 13.11.2023 registered for the offences punishable u/s 341, 342, 323, 504, 506, 384, 386, 379 and 34 of the Indian Penal Code.

3. As per the prosecution case, on 12.11.2023 at about 11:30 A.M. the informant was going to Shivnagar on his uncle's motorcycle. In the meantime, the petitioner and the co-accused persons surrounded the motorcycle of the informant and demanded Rs. 30,000/- as extortion money. On being refused by the informant, the accused persons took the informant to

Patna High Court CR. MISC. No.25790 of 2024(4) dt.12-09-2024 2/3 Purandahi Gachhi and demanded the extortion money on the point of knife. Further, the informant called his uncle and told him to deposit Rs. 10,000/- in the account of the petitioner after which the accused persons kept the informant's motorcycle and left him saying that they would give motorcycle to him if Rs. 20,000/- would be paid.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. There is no specific allegation levelled against the petitioner. Nothing has been recovered from the conscious possession of the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 14.11.2023. Similarly situated co-accused has already been granted regular bail by this court vide order dated 14.08.2024 passed in Cr. Misc No. 51295 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the nature of allegation levelled against the petitioner as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of

Patna High Court CR. MISC. No.25790 of 2024(4) dt.12-09-2024 3/3 the like amount each to the satisfaction of learned Court concerned, Madhubani in connection with Benipatti P.S. Case No. 260 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) guddukr/- U T