Abhyas Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34854 of 2021 Arising Out of PS. Case No.-356 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== Abhyas Singh Son of Ramashish Singh Resident of Village - Kudwa Matia, P.S. - Kumarbagh O.P., District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Lal Babu Singh For the Opposite Party/s :

Mr.A.M.P.Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3.

21-10-2021 Heard learned counsel for the parties.

The petitioner seeks bail in Bettiah Muffasil (Manuapul O.P) P.S. Case No. 356 of 2020, registered for the offence under Section 385 / 387 of the Indian Penal Code. As per the prosecution case, on 15.06.2020, when the informant came at his Hardware shop, he found that a slip was pasted over shutter and rupees five lacs was demanded, as rangdari, by one Suleman Sah.

The F.I.R. has been lodged against unknown. Name of the petitioner has come on the basis of confessional statement of co-accused Sahbaaj Alam. There is no direct or indirect evidence against this petitioner to show his complicity in this case. Petitioner has been made accused in this case only on the basis of his criminal antecedent. Petitioner is in custody since 10.09.2020. Investigation is complete.

Patna High Court CR. MISC. No.34854 of 2021(3) dt.21-10-2021 2/2 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 Chief Judicial Magistrate, West Champaran, Bettiah in connection with Bettiah Muffasil (Manuapul O.P) P.S. Case No. 356 of 2020, 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