Raja Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36115 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- NAGAR District- Vaishali ====================================================== Raja Rai son of Nasib Rai Resident of village- Rambhadra near Durga mandir, Ps- Hajipur town, Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh, Advocate For the Opposite Party/s :

Mr.Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Hajipur Town P.S. case No. 153 of 2024 instituted for the offences under Section 387 of the Indian Penal Code.

3. Prosecution case, in short, is that an unknown miscreant demanded extortion money of Rs. 50,00,000/- from the informant over mobile phone and threatened him of dire consequences if he did not pay the said amount.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Petitioner is not named in the F.I.R. The name of the petitioner

Patna High Court CR. MISC. No.36115 of 2024(2) dt.20-05-2024 2/3 transpired in this case on the basis of confessional statement of the co-accused Abhishek Kumar. No incriminating/looted article, except two mobile phones, has been recovered from the conscious possession of the petitioner. Learned counsel further submitted that recovered mobile phones are genuine and no any mobile number was used for demanding the extortion amount. Learned counsel further submitted that the SIM Card which was used in the alleged offence was used in the Nabab Rai's mobile and this petitioner has got no any concern with the alleged offence. He further submitted that no any material has been found against the petitioner that he demanded the extortion money. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.03.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, clean antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of

Patna High Court CR. MISC. No.36115 of 2024(2) dt.20-05-2024 3/3 the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Town P.S. case No. 153 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T