Sanjay Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43307 of 2022 Arising Out of PS. Case No.-74 Year-2019 Thana- PURNAHYA District- Sheohar ====================================================== Sanjay Patel Son of Maheshwar Patel Resident of village- Bashantpatti, P.SPurnehiya, Dist- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Singh, Advocate For the Opposite Party/s :

Mr.Atul Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

In the present case, the petitioner seeks bail in connection with Purnahiya P.S. Case No. 74 of 2019 registered for the alleged offences under Sections 384 and 387 of the Indian Penal Code.

As per prosecution case, petitioner is stated to have demanded extortion money of Rs. 20 lacs from the informant and he was threatened with life if money was not paid. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The mobile phone from which the demand of extortion money was made does not belong to this petitioner. The petitioner was arrested by the police in Purnahiya P.S. Case No.

Patna High Court CR. MISC. No.43307 of 2022(3) dt.18-01-2023 2/3 31/2020 and remanded him in the present case and in a number of other cases. The petitioners name came up on the basis of confessional statement of co-accused Manish Kumar and he has been granted bail by the learned trial court itself. Except for this confessional statement, nothing has come up against this petitioner and there is no cogent material against the petitioner to associate him with the alleged offence. The petitioner has been roped in a number of cases by the police only in order to harass him. Learned counsel further submits that from the FIR, it is also clear that no money was paid and the petitioner is in custody since 29.05.2020 and charge sheet has been submitted. Learned APP opposes the prayer for bail submitting that the petitioner is a veteran criminal and is accused in altogether 19 cases of serious nature.

Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the nature of allegation against him and also considering the period of custody of the petitioner along with the submission of chargesheet against him, 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 satisfaction of learned Sub-Divisional-Judicial Magistrate,

Patna High Court CR. MISC. No.43307 of 2022(3) dt.18-01-2023 3/3 Sheohar in connection with Purnahiya P.S. Case No. 74 of 2019, subject to the conditions mentioned in Section 437(3) of the Cr.P.C. and 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) himanshu/- U T