Harendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1277 of 2021 Arising Out of PS. Case No.-244 Year-2019 Thana- MAIRWAN District- Siwan ====================================================== HARENDRA SINGH SON OF RAMANAND SINGH RESIDENT OF SHRINAGAR, MAIRWA, P.S.-MAIRWA, DISTRICT-SARAN. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satyendra Rai For the Opposite Party/s :

Mr. Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-07-2021 Heard the learned counsel for the petitioner and the learned APP for the State.

The petitioner seeks bail in anticipation of his arrest in connection with Mairwa P.S. Case No. 244/2019 instituted for the offences under Sections 385 and 387 of the Indian Penal Code.

The informant is the business man of the locality, who has alleged that on one occasion, he received a telephone call asking him to arrange for Rs. Ten Lakhs as protection money. Thereafter, such calls were given to him a number of times. The informant has been receiving blank calls from different telephone numbers for approximately a

Patna High Court CR. MISC. No.1277 of 2021(2) dt.02-07-2021 2/3 month. Vexed by this, the informant has lodged the subject F.I.R.

The petitioner has not been named in the F.I.R. and his implication in this case is only on the basis of confession of one of the arrested accused persons. There is no other material otherwise to connect the petitioner with the offence. Even the C.D.R. provided by the informant does not suggest any link for the petitioner to be framed in this case. It has further been submitted that though the petitioner has been made accused in ten cases in the past but in all such cases, he is on bail. The last of such cases is of the year 2017. It appears that when the subject F.I.R. was lodged without any clue as to who was demanding protection money from the informant, the police in order to short-shrift the matte, chose to lay its hands upon the apparition of the petitioner's tainted background. Learned counsel for the petitioner submits that apart from what has been stated above, there is no other material to connect the petitioner with the offence.

Regard being had to the afore-stated facts, the

Patna High Court CR. MISC. No.1277 of 2021(2) dt.02-07-2021 3/3 petitioner, above named, is directed to be released on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -VII, Siwan, in connection with Mairwa P.S. Case No. 244/2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T