Bihari Paswan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10980 of 2015 Arising Out of PS.Case No. -105 Year- 2014 Thana -CHARIABARIYARPUR DistrictBEGUSARAI ====================================================== Bihari Paswan S/o Kapileshwar Paswan R/o Village - Khanjapur Pali, P.S. - Bhagwanpur, Dist. - Begusarai.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. H.A.Khan(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04/ 25-06-2015 Heard learned counsels for the petitioner and the State.

The petitioner is languishing in custody since 06.08.2014 in a case registered for the offences punishable under Sections 385, 387 of the Indian Penal Code and 17 of Criminal Law Amendment Act.

The accusation is of demanding extortion through mobile from the brick kiln owners.

It is submitted by learned counsel for the petitioner that none of the mobile numbers mentioned in the first information report are registered in the name of the petitioner. Moreover, even assuming the accusation no offence under Section

Patna High Court Cr.Misc. No.10980 of 2015 (04) dt.25-06-2015 2/2 387 IPC is made out.

Considering the period under custody and the investigation being concluded, 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 Chief Judicial Magistrate, Begusarai in connection with Cheriyabariyarpur P.S. Case No. 105 of 2014. Since the petitioner has serious criminal antecedent, the learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two eventualities. (Dinesh Kumar Singh, J) DKS/- U T