Patna High CourtCR. MISC./46412/2016bail granted

Vishal Kumar v. The State Of Bihar

2016-10-22Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46412 of 2016 Arising Out of PS.Case No. -296 Year- 2015 Thana -RAXAUL District- EASTCHAMPARAN (MOTIHARI) ====================================================== Vishal Kumar, son of Ram Naresh Prasad Kushwaha, resident of Mohalla- Koria Tola Ward No. 24, Police Station- Raxaul, District- East Champaran.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Arun Kumar Pandey, Adv. For the Opposite Party : Mr. R.P. Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 22-10-2016 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody since 25.06.2016 in connection with Raxaul P.S. Case No. 296 of 2015 for the offences alleged under Section 386 of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated and the mobile number used for making the extortion call does not belong to the petitioner. No recovery of any incriminating article has been made from his possession and he has been implicated only on the confessional statement of one Rajesh Kumar. There is inordinate delay in instituting the F.I.R on 14.12.2015 for the alleged occurrence of 06.12.2015.

4. Having regard to the entirety of the facts and circumstances of the case, let the petitioner above named be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul at Motihari, in connection with Raxaul P.S. Case No. 296 of 2015, with the following conditions:-

Patna High Court Cr.Misc. No.46412 of 2016 (2) dt.22-10-2016 (i) That one of the bailors will be a close relative of the petitioner.

(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure to do so on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Md. Ibrarul/BT U T