Lalu Miya @ Lallu Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33392 of 2021 Arising Out of PS. Case No.-199 Year-2015 Thana- CHHAURADANO District- East Champaran ====================================================== Lalu Miya @ Lallu Miya S/O- Jamaluddin Miya @ Bangali Miya Resident of Village - Pipra, P.S. - Darpa, District - East Champaran, Motihari. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.M.K.Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-09-2021 Heard learned counsel for the parties through video conferencing.

The petitioner seeks bail in Chhauradano P.S. Case No. 199 of 2015, registered for the offence under Section 387 of the Indian Penal Code.

As per the prosecution case, Rupees Ten Lacs ransom was demanded from the informant through mobile no. 917282091629 with threatening to face consequences like Seth Pannalal, if the same was not paid.

Petitioner is no named in the FIR. Name of the petitioner has come during course of investigation only on suspicion. The petitioner has been remanded in this case on 20.02.2021 from other case of ransom. Similarly situated coaccused namely Sanjay Kumar and Umesh Kumar have already been granted bail by this Court, vide orders annexed at

Patna High Court CR. MISC. No.33392 of 2021(2) dt.02-09-2021 2/2 Annexure - 2 to the petition. It is further submitted that neither the petitioner demanded any ransom nor the mobile number, as alleged in the FIR, belong to this petitioner. Learned A.P.P. for the State has opposed the bail petition.

Considering the aforesaid facts and circumstances, the bail petition of petitioner is allowed. Let the above named petitioner 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 learned S.D.J.M., Raxaul, East Champaran at Motihari in connection with Chhauradano P.S. Case No. 199 of 2015, on the following conditions: "(1) Petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court below and shall remain physically present, as directed by the court below, and on his absence on two consecutive dates without sufficient reason, his 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.) anay U T