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Patna High CourtCR. MISC./41502/2022bail granted

Devendra Singh @ Ranjan v. The State Of Bihar

2022-10-21Mr. Justice Arun Kumar Jha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41502 of 2022 Arising Out of PS. Case No.-88 Year-2022 Thana- BIKRAM District- Patna ====================================================== Devendra Singh @ Ranjan, Son of Suman Singh resident of village- Sihi, P.s.- Dulhin Bazar, District- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ramakant Sharma, Sr. Advocate Mr.Rajesh Kumar,Advocate Mr. Lakshmi Kant Sharma, Advocate Mr. Amresh Kumar, Advocate Mr. Rabindra Kumar, Advocate Mrs. Shatabdi Sinha, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 21-10-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceeding. Let the defect (s), as pointed out by the office, be removed within a period of four weeks.

In the present case, the petitioner seeks bail in connection with Bikram P.S. Case No. 88 of 2022 registered for the alleged offences under Sections 384 and 387 of the Indian Penal Code.

As per prosecution case, the extortion demand was made from the informant and the extortionist threatened the informant that he along with his son would be shot dead if the demand was not met. The name of the petitioner came up during

Patna High Court CR. MISC. No.41502 of 2022(2) dt.21-10-2022 2/3 investigation as the person who demanded extortion money. Learned senior counsel for the petitioner submits that petitioner has been falsely implicated in this case. Neither the mobile phone nor the SIM belong to this petitioner and he has got no connection with Sunita Devi in whose name, the SIM was issued. The mobile phone was not found in the possession of the petitioner rather it was found abandoned outside his house from where the police recovered the same. Nothing was paid pursuant to the extortion demand and the petitioner is in custody since 05.03.2022 and charge sheet has already been filed. The investigation is complete and there is no chance of tampering the prosecution case. Though, the petitioner is having criminal antecedent but he is on bail in all such cases. Learned APP for the State opposes the prayer for bail of the petitioner submitting that the petitioner demanded extortion money.

Having regard to the facts and circumstances and submission made on behalf of the parties and considering the submission of charge sheet along with period of custody of the petitioner, the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.41502 of 2022(2) dt.21-10-2022 3/3 satisfaction of learned A.C.J.M.-VI, Danapur, Patna in connection with Bikram P.S. Case No. 88 of 2022, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Gautam/Daya U T