Baldau Singh Patel @ Chhotu Singh Patel @ Baldau Singh @ Chhotu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35154 of 2019 Arising Out of PS. Case No.-81 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== BALDAU SINGH PATEL @ CHHOTU SINGH PATEL @ BALDAU SINGH @ CHHOTU SINGH Son of Satyendra Singh Resident of Village - Sikthi, P.S.- Bhabua, Dist.- Kaimur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.N. K Agrawal, Sr. Adv.

For the Opposite Party/s :

Mrs.Pushpa Sinha.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 29-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is languishing in custody since 24.02.2019 in a case registered for the offences punishable under Sections 379, 420, 414, 195/34 of the Indian Penal Code.

The prosecution case got initiated on the basis of written report of Rakesh Kumar Raushan, A.S.I. of police submitted before the Station House Officer, Bhabua Police Station is to the effect that during investigation of Bhabua P.S. Case No. 73 of 2019, it transpired that some unknown persons demanded extortion from the father of the victim. Subsequently, on the basis of output of technical surveillance,

Patna High Court CR. MISC. No.35154 of 2019(2) dt.29-05-2019 2/3 the mobile number was found registered in the name of one Bali Ram. On enquiry from Bali Ram, it was it was found that his mobile went missing from before. Thereafter, on basis of output of technical surveillance, one Umesh Yadav was apprehended, who disclosed that the mobile phone of Bali Ram was stolen by him. The apprehended accused further disclosed that he sold the mobile phone of Bali Ram to coaccused Anil Pandey and the SIM of the stolen mobile was given to the petitioner from which the ransom was demanded. It is submitted by learned counsel for the petitioner that even assuming the accusation to be true, at best the offence under Section 385 of the I.P.C. is made out. Though the petitioner has been roped in several other cases during investigation and the investigation has already been concluded. Learned APP for the State submits that the SIM through which the ransom was demanded was recovered from the possession of the petitioner and he has serious criminal antecedent.

Considering the fact that the investigation has already been concluded, let the above named petitioner be released on bail, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.35154 of 2019(2) dt.29-05-2019 3/3 satisfaction of learned CJM, Bhabua, Kaimur in connection with Bhabua P.S. Case No. 81 of 2019.

Since the petitioner is having serious criminal antecedent, learned court below will be at liberty to cancel the bail bonds of the petitioner, if he defaults for two consecutive occasions or substantially gets involved in some serious nature of offence.

(Dinesh Kumar Singh, J) Ashwini/- U T