Amit Kumar Patel v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28937 of 2020 Arising Out of PS. Case No.-299 Year-2019 Thana- MAHARAJGANJ District- Siwan ====================================================== AMIT KUMAR PATEL Son of Rajbanshi Patel Resident of Village - Deowariya, P.S.- Maharajganj, District - Siwan ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mrs.Kumari Anupam, Advocate For the Opposite Party/s :
Mrs. Anita Kumari Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 17-12-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.
Heard the learned counsel appearing for the petitioner and Mrs. Anita Kumari Singh, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Maharajganj P.S. Case No. 299 of 2019 for the offence punishable under Sections 386 and 387 of the Indian Penal Code.
The case of the prosecution in brief is that a shop of fertilizer and hardware of the informant is situated at Paterhi market. It is alleged by the informant that extortion money was demanded from the informant from mobile no. 7324073744 and
Patna High Court CR. MISC. No.28937 of 2020(3) dt.17-12-2020 2/3 the person who had called from the said mobile number disclosed his name as Amit Kumar Patel i.e. the petitioner herein.
The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 18.11.2019. It is further submitted that the petitioner is ready to abide by such conditions as may be deemed fit and proper for the purposes of grant of bail.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also those available in the case dairy, though this Court is inclined to grant regular bail to the petitioner, however, subject to certain conditions, in view of the bad criminal antecedent of the petitioner herein.
Accordingly, the petitioner, above named, is directed to 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 A.C.J.M.-8th, Siwan in connection with
Patna High Court CR. MISC. No.28937 of 2020(3) dt.17-12-2020 3/3 Maharajganj P.S. Case No. 299 of 2019.
It is further directed that the petitioner would mark his attendance before the Officer In-Charge of the concerned Police Station at 10:00 A.M. on every Monday of the week and in the event of his failure to do so on two consecutive occasion, the present privilege of bail shall stand cancelled automatically and the petitioner shall be taken into custody forthwith. (Mohit Kumar Shah, J) S.Sb/- U T