Shiv Nandan Baitha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49191 of 2021 Arising Out of PS. Case No.-208 Year-2020 Thana- SONBERSA District- Sitamarhi ====================================================== Shiv Nandan Baitha Son of Raktu Baitha Resident of Village - Ramnagra, P.S.- Kanhauli, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ayush Kumar For the Opposite Party/s :

Ms. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 13-01-2022 Heard both parties through video conferencing. The petitioner seeks bail in Sonbarsa P.S. Case No. 208 of 2020, registered for the offence punishable under Sections 385, 386, 307 of the Indian Penal Code and section 27 of the Arms Act.

As per the FIR, on this petitioner along with three named accused persons and five unknown arrived at the shop of informant and demanded ransom of Rs. 25,000/-. It is further alleged that two prior to the alleged occurrence, informant got a call on his mobile in which the caller addressed himself as Shiv Nandan Baitha (petitioner) and demanded Rs. 3,00,000/-. Again on 17.10.2020 all the accused persons reached at the house of informant and asked about the informant when the wife of informant protested, the accused persons fled away after making

Patna High Court CR. MISC. No.49191 of 2021(3) dt.13-01-2022 2/2 firing.

It is submitted on behalf of the petitioner that petitioner has falsely been implicated in this case due to political rivalry. It is further submitted that informant appeared in the court below in person and also admitted this fact that though petitioner has been named in the FIR and there is allegation of firing against petitioner and other accused persons, but none has sustained injury and no ransom was passed. Petitioner is in custody since 14.12.2020.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Sonbarsa P.S. Case No. 208 of 2020.

(Prabhat Kumar Singh, J) vinita/- U T