Binay Kumar @ Vinay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34146 of 2016 Arising Out of PS.Case No. -129 Year- 2016 Thana -SHERGHATI District- GAYA ====================================================== Binay Kumar @ Vinay Kumar Son of Bilash Yadav Resident of villageTetariya, P.S.- Sherghati, Dist.- Gaya .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 28-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted under Section 387 of the Indian Penal Code and 17 of the C.L.A. Act. Allegation is that two unknown persons came at the brick-kiln and demanded mobile number of the owner from Munshi. Thereafter, extortion money of Rs 50,000/- was demanded from the owner and threatening was also given to kill him.

It has been submitted on behalf of the petitioner that he is in custody since 16.5.2016. Chargesheet has been submitted against petitioner. No allegation of tampering of witnesses is alleged against petitioner. Petitioner is not named in the F.I.R. There is no substantive evidence to suggest his implication in the present case.

On behalf of the State, it is submitted that the mobile phones snatched by the miscreants from the Munshi and owner of the brick-kiln have been recovered from the possession of the petitioner and co-accused, namely, Ram Pravesh Sharma. Considering the aforesaid facts and circumstances, I am

Patna High Court Cr.Misc. No.34146 of 2016 (3) dt.28-09-2016 2/2 not inclined to grant bail to the petitioner, same is rejected at this stage.

(Sudhir Singh, J) sudip/- U T