Manibhushan @ Manav Chaubey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23012 of 2020 Arising Out of PS. Case No.-109 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

Manibhushan @ Manav Chaubey, Age - 23 Years, Gender- Male, Son of Shri Ganesh Chaubey, Resident of Village - Mahmada Chaubey tola, P.S.- Mehsi, District - East Champaran.

2.

Sohan Kumar Patel, Aged about 21 years, Male, s/o Shri Shatrughan Patel, resident of village- Thikahan Aswarimath, P.S. - Kathaiya, DistrictMuzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Thakur, Advocate For the Opposite Party/s :

Mr. Murlidhar , A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 11-11-2020 Heard Mr. Ajay Kumar Thakur, learned counsel for the petitioners and Mr. Murlidhar, learned counsel appearing for the State through video conferencing.

Petitioners seek regular bail in connection with Manjhauliya P.S. Case No. 109 of 2019 registered for the offence under Section 387 of the I.P.C.

The allegation as per the First Information Report is that the informant received a call from unknown person, who demanded a sum of Rs. 20 Lakhs as extortion money and even prior to that a sum of Rs. 20 Lakhs had been demanded as extortion for which Manjhauliya P.S. Case No. 303 of 2018 was registered.

Patna High Court CR. MISC. No.23012 of 2020(5) dt.11-11-2020 2/3 Learned counsel for the petitioners submits that the petitioners are neither the holders of the mobile nor did they call the informant for ransom and the name of petitioners has been dragged on the basis of alleged confessional statement made by petitioner no. 1 in Mehsi P.S. Case No. 419 of 2018 registered under Section 399, 402, 412 of the I.P.C. and Section 25 (1-b)a, 26 / 35 of the Arms Act and thereafter petitioners have been remanded in four other cases. Learned counsel further submits that petitioners have been granted bail in Mehsi P.S. Case No. 419 of 2018. Learned counsel further submits that charge sheet has already been submitted in this case and the petitioners are in custody since 11.11.2019.

Having heard learned counsel for the parties and taking into consideration the materials available on record and the fact that petitioners are in custody since 11.11.2019, I am inclined to grant regular bail to the petitioners. Accordingly, let the petitioners, above named, be released on regular bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran / court concerned in connection with Manjhauliya P.S. Case No. 109 of 2019 on the following

Patna High Court CR. MISC. No.23012 of 2020(5) dt.11-11-2020 3/3 condition:- (i) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates on the part of the petitioner, his bail bond shall be liable to be cancelled. It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T