Patna High CourtCR. MISC./48792/2024bail granted

Araj Thakur v. The State Of Bihar

2024-08-01Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48792 of 2024 Arising Out of PS. Case No.-57 Year-2024 Thana- CHHATAUNI District- East Champaran ====================================================== Araj Thakur S/O Ram Chandra Thakur R/O Village - Raghunathpur, P.S.- Raghunathpur, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 01-08-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Chhatauni P.S. Case No. 57 of 2024 registered for the offence under Sections 384 and 387 of the Indian Penal Code.

3. As per allegation in the FIR, it is a case of ransom from mobile phone of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Nothing has been recovered from the possession of the petitioner. He further submits that the petitioner is in custody since 30.01.2024.

5. However, learned APP for the State vehemently opposed the prayer for regular bail.

6. On perusal of the FIR and impugned order dated

Patna High Court CR. MISC. No.48792 of 2024(2) dt.01-08-2024 2/2 01.04.2024, it appears that the name of the petitioner surfaced from the confessional statement of co-accused Naresh Shahani (his bail has already been rejected by this Court) who has demanded extortion from the informant through mobile phone and the said mobile was recovered from his possession and no recovery was made from the possession of this petitioner.

7. Considering the aforesaid facts and circumstances of the case and period of custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Chhatauni P.S. Case No. 57 of 2024, subject to the condition as laid down under Section 437(3) of the Cr.P.C.

(Ramesh Chand Malviya, J) saurabhkr/- U T