Suraj Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35683 of 2023 Arising Out of PS. Case No.-61 Year-2022 Thana- NAYA RAM NAGAR District- Munger ====================================================== SURAJ SINGH S/O GANESH SINGH R/O Village-Bhalar, P.S.-Dharahr, Distt.-Munger ... ... Petitioner/s

Versus

THE STATE OF BIHAR Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kumar Kamal Nayan, Advocate For the Opposite Party/s :

Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-07-2023 Heard the parties.

The petitioner is in judicial custody in connection with Naya Ram Nagar P.S. Case No. 61 of 2022 for the offence punishable under Sections 341, 323, 386, 427, 436, 504, 506/34 of the I.P.C. lodged on 14.4.2022 by the informant, Vickey Kumar.

It is the prosecution story that the informant had executed an agreement with one Satish Kumar Mishra whereafter the petitioner demanded 'Rangdari'. He was also paid Rs. 3,00,000/-. However, he kept on demanding the rest of the amount and on 14.4. 2022, it is alleged that a hut was put on fire.

It has been contended by the learned counsel for the petitioner that it relates to transaction of the amount which has

Patna High Court CR. MISC. No.35683 of 2023(2) dt.19-07-2023 2/3 been termed 'Rangdari'. In fact, the petitioner had given Rs. 10 lakhs to the informant in cash but he executed the sale deed in favour of one Anita Kumari and when the demand was made, this case. He however concedes that he has criminal antecedent. Learned APP opposes the prayer stating that allegation of 'Rangdari' is on the petitioner. Taking into account the aforesaid facts, the submission put forward by the learned counsel for the petitioner and further that he is in custody 17.3.2023 (as stated in para-16 of the bail petition), this Court is inclined to grant him the privilege of bail after framing of the charges. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-I, Munger, in connection with Naya Ram Nagar P.S. Case No. 61 of 2022 subject to the following conditions:

(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his

Patna High Court CR. MISC. No.35683 of 2023(2) dt.19-07-2023 3/3 bail bond by the Trial Court itself;

(iii) the petitioner shall appear before the concerned police station every month for next one year to mark his attendance;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.

(Rajiv Roy, J) Ravi/- U T