Meraj Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23102 of 2020 Arising Out of PS. Case No.-364 Year-2019 Thana- CHHAURADANO District- East Champaran ====================================================== Meraj Hussain, son of Atiullah Mian, resident of Village Bathuahiya, P.S. Darpa, District EastChamparan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prateek Tondon For the Opposite Party/s :

Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 10-09-2020 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State, through video conferencing.

The petitioner seeks regular bail in connection with Chhauradano Police Station Case No. 364 of 2019, registered for the offence punishable under Section 387 of the Indian Penal Code.

The allegation against the petitioner, as per the First Information Report, is that the informant received a call on his mobile phone no. 9934828686 from mobile phone no. 9631810804, by which the caller demanded a sum of Rs. 10,00,000/-, failing which he would face dire consequences. Learned Counsel for the petitioner submits that the

Patna High Court CR. MISC. No.23102 of 2020(2) dt.10-09-2020 2/3 petitioner has got no criminal antecedent and has falsely been implicated in this case on the basis of the confessional statement of the co-accused, Munif Mian and self-exculpatory statement of the petitioner. He also submits that the mobile phone, from which the call for demand was made, does not belong to the petitioner and similarly situated co-accused Munif Mian has been granted bail by this Court vide order, dated 19.06.2020, passed in Criminal Misc. No. 19625 of 2020. He further submits that charge sheet has already been submitted against the petitioner and there is no likelihood of the petitioner being absconding or tampering with the evidence.

After having heard learned Counsel for the parties and taking into consideration the fact that similarly situated coaccused person has been granted bail by a co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner. This application is allowed.

Accordingly, let the petitioner, above named, be released on bail, upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Raxaul, at Motihari, East Champaran, in connection with Chhauradano Police Station Case No. 364 of 2019.

Patna High Court CR. MISC. No.23102 of 2020(2) dt.10-09-2020 3/3 It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √