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Patna High CourtCR. MISC./39436/2016dismissed

Shashi Bhushan Singh @ Sandeep @ Fauji Singh v. The State Of Bihar

2017-04-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39436 of 2016 Arising Out of PS.Case No. -214 Year- 2013 Thana -MINAPUR District- MUZAFFARPUR ====================================================== Shashi Bhushan Singh @ Sandeep @ Fauji Singh Suresh Singh @ Suresh Prasad Singh Resident of Village- Pogahian, P.S.- Kathaiyan, DistrictMuzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar, Advocate For the Opposite Party/s : Mr. Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2017 This is an application for grant of bail for offences punishable under Section 387 of the Indian Penal Code. Prosecution case is that one person disclosing his name Fauji demanded Rs. 25 lacs from informant through mobile phone and on refusal to pay he and his brother would be killed. Heard learned counsel for the petitioner.

It has been submitted on behalf of the petitioner that he is not named in the F.I.R. His name has come on the basis of his confessional. Nothing incriminating has been recovered from his possession. The entire allegations levelled against the petitioner are false. He is in custody for more than one year. Heard learned A.P.P. also, who has opposed the prayer for bail. He has submitted that petitioner has criminal

Patna High Court Cr.Misc. No.39436 of 2016 (7) dt.17-04-2017 2/2 antecedent and in the case diary the witnesses have supported the prosecution case.

Having heard both sides and from perusal of the record it appears that though petitioner is not named in the F.I.R. but the witnesses have supported the prosecution case and police has found case true, I am not inclined to grant bail to the petitioner, the same is rejected.

However, since petitioner is in custody for more than one year, the trial court, i.e., Chief Judicial Magistrate, Muzaffarpur, is directed to expedite the trial in connection with Minapur P. S. Case no. 214 of 2013 of the petitioner. Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) sudip/- U T