Saurav Kumar @ Dama v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32442 of 2019 Arising Out of PS. Case No.-141 Year-2016 Thana- BAKHTIYARPUR District- Patna ====================================================== SAURAV KUMAR @ DAMA, Son of Nand Prasad Saw, Resident of Mohalla - Naya Tola, Madhopur, P.S.- Bakhtiyarpur, Distt - Patna. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Manoj Kumar Pandey For the Opposite Party/s :

Ms.Gulnar Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-05-2019 Petitioner seeks bail in anticipation of his arrest in connection with Bakhtiyarpur P.S. Case No. 141 of 2016 registered for the offences punishable under Sections 385 and 387 of the Indian Penal Code.

Allegation as per FIR is that the informant has received a mobile call of demand of Rs.5 lac as extortion from mobile No. 08528963335 and also on the mobile phone of his son and petitioner is not named in the FIR.

Submission of learned counsel for the petitioner is that the mobile does not belong to the petitioner and as a matter of fact he has been made accused on the basis of confessional statement of Kundan Kumar and it has been stated that Kundan Kumar along with one Jitendra Kumar were standing at the shop of the petitioner and except that there is nothing against the

Patna High Court CR. MISC. No.32442 of 2019(2) dt.17-05-2019 2/2 petitioner and Jitendra Kumar has been granted anticipatory bail vide order dated 29.8.2018 in Cr.Misc.No. 47580 of 2018 and petitioner has no criminal antecedent.

Heard learned APP also.

In view of above facts and circumstances, let petitioner, in the event of surrender before the court below within a period of six weeks from the receipt of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-I, Barh, Patna, in connection with Bakhtiyarpur P.S.Case No. 141 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and further condition is that one of the bailors of the petitioner shall be a local person having sufficient immoveable property within the jurisdiction of the court concerned.

(Vinod Kumar Sinha, J) spal/- U T