Brinda Singh @ Bindu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.79405 of 2018 Arising Out of PS. Case No.-648 Year-2014 Thana- SHASTRINAGAR District- Patna ====================================================== Brinda Singh @ Bindu Singh son of Late Bharat Singh Resident of VillageMokar Daulatpur, P.S.- Korayna, District-Jehanabad ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Krishna Chandra For the Opposite Party/s :
Mr.Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2019 Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner seeks regular bail in connection with Shastrinagar PS case no. 648 of 2014 registered for the offence punishable under Sections 386, 120B of Indian Penal Code.
The case of the prosecution is that when the police was conducting investigation of some other case, it transpired that one co-accused namely Chandan Kumar was demanding ransom by using the name of the petitioner herein. The learned counsel for the petitioner has submitted that the criminal antecedent of the petitioner is quite bad but he has been acquitted in 36 cases out of 41 cases pending against him, nonetheless the main submission of the
Patna High Court Cr.Misc. No.79405 of 2018(2) dt.22-01-2019 2/2 learned counsel for the petitioner is that the offence punishable under Section 386 of Indian Penal Code is triable by the Magistrate and the maximum punishment which can be imposed upon the petitioner is 03 years and the petitioner has already undergone 3 years of custody, inasmuch as he is in custody since 07.09.2015.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.
Accordingly, the abovenamed petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Patna in connection with Shastrinagar PS case no. 648 of 2014. (Mohit Kumar Shah, J) rinkee/- U T