Sigrate @ Awanish Thakur @ Awanish Kumar Singh @ Awanish Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38002 of 2020 Arising Out of PS. Case No.-246 Year-2017 Thana- GOVINDGANJ District- East Champaran ====================================================== SIGRATE @ AWANISH THAKUR @ AWANISH KUMAR SINGH @ AWANISH RAJ SON OF KUNJ BIHARI THAKUR RESIDENT OF VILLAGE ARERAJ KHAJURIYA P.S. GOVINDGANJ DISTRICT EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Manindra Kishore Singh, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 23-03-2021 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Govindganj (Areraj) P.S. Case No. 246 of 2017 (G.R. Case No. 5895 of 2017) for the offence registered under Section 387 of the Indian Penal Code.

The allegation is regarding the petitioner having made a call to the informant and threatened him with dire consequences in case he did not pay the extortion money. The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 03.08.2018. The learned counsel for the petitioner has further submitted that upon investigation it has been found that the mobile phone in

Patna High Court CR. MISC. No.38002 of 2020(4) dt.23-03-2021 2/2 question from which the ransom call was made does not belong to the petitioner.

Per contra, Ms. Anita Kumari Singh, the learned A.P.P. for the State has vehemently opposed the prayer for bail. Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also those available in the case diary, this Court finds that prima facie minuscule evidence is available in the case diary to connect the petitioner with the alleged occurrence and moreover the petitioner is languishing in custody since more than two and a half years, hence I deem it fit and proper to direct for release of the petitioner herein on regular bail. Accordingly, the petitioner, above named, is directed to 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 Chief Judicial Magistrate, Motihari at East Champaran in connection with Govindganj (Areraj) P.S. Case No. 246 of 2017 (G.R. Case No. 5895 of 2017). (Mohit Kumar Shah, J) S.Sb/- U T