Rajendra Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50207 of 2021 Arising Out of PS. Case No.-107 Year-2021 Thana- CHANPATIA District- West Champaran ====================================================== RAJENDRA PATEL ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 24-03-2022 Let the defects, as pointed out by the office, be removed within four weeks of starting of Court proceeding in physical mode in normal course.

Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offence under Sections 406, 420, 465, 467, 468, 469 and 471 of the Indian Penal Code.

The prosecution case, in short, is that the informant purchased one sim card of Idea Company on the basis of his Adhar Card from the shop of co-accused, Nasim Ansari. After some time, he closed sim card but on the basis of his Adhar Card, co-accused, Nasim Ansari issued several sim cards by which ransom was demanded from one person of Gopalpur and

Patna High Court CR. MISC. No.50207 of 2021(3) dt.24-03-2022 2/3 threatening was also given for non-fulfilment of demand. Learned counsel for the petitioner submits that the petitioner is not named in the First Information Report and he has falsely been implicated in connection with the present case on the basis of the confessional statement made before the police by co-acccused, Nasim Anasari and his own statement. It is further submitted that except the aforesaid, nothing has come against the petitioner. It is further submitted that the informant has not disclosed as to whom the said number was issued and from whom the extortion money was demanded. It is further submitted that the police after investigation submitted charge sheet and the petitioner is in custody since29.05.2021. Learned APP for the State has opposed the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, let the petitioner, above name, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Chanpatia P.S. Case No. 107 of 2021 with the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be

Patna High Court CR. MISC. No.50207 of 2021(3) dt.24-03-2022 3/3 properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

And, further condition that the Court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the Court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Jagdish/- U T