Rajesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24255 of 2020 Arising Out of PS. Case No.-159 Year-2019 Thana- MAJORGANJ District- Sitamarhi ====================================================== Rajesh Singh Son of Ramnihora Singh Resident of Village- Majkothwa, P.S.- Majorganj, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2020 Heard learned counsel for the petitioner as well as learned A.P.P. for the State through video conferencing. The petitioner seeks bail in Majourganj P.S. Case No. 159 of 2019, registered for the offence punishable under Sections 384, 385, 323/34 of the Indian Penal Code. As per prosecution case, on 17-09-2019 at about 5:30 PM, it is alleged that this petitioner alongwith other person intercepted the informant and demanded Rs. 50,000/- (fifty thousand) as ransom as well as assaulted the informant by fists and slaps.

It is submitted on behalf of petitioner that petitioner has been falsely implicated in this case due to enmity and village politics. It is further submitted that from the F.I.R. itself, it is apparent that the informant was released without any

Patna High Court CR. MISC. No.24255 of 2020(2) dt.23-09-2020 2/2 payment of ransom and as such, no case under Sections 384 and 385 of the I.P.C. is made out against petitioner. Petitioner is having clean antecedent and he is in custody since 21-03-2020. Considering the aforesaid facts and circumstances, the bail application of petitioner is allowed.

Let the above-named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Sitamarhi in connection with Majorganj P.S. Case No. 159 of 2019, 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 and shall remain physically present, as directed by the Court 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