Mahesh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12748 of 2015 Arising Out of PS.Case No. -12 Year- 2015 Thana -RIGA District- SITAMARHI ====================================================== Mahesh Singh S/o Late kishori Singh R/o village- Ramnagara, p.s- Riga, District- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Jha For the Opposite Party/s : Mr. Atul Chandra(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 22-05-2015 Heard learned counsel for the petitioner and Mr. Dayal learned APP for the State.

The petitioner is facing accusation punishable under section 387 IPC. As per the prosecution case, the informant received a call for ransom from a mobile bearing Sim No. 9006710902 demanding a sum of Rs. 5, 00,000/- failing which he would face the consequences.

It is submitted that the house of the petitioner was searched and one mobile set bearing Sim No. 7091525396 was recovered from the possession of the petitioner. Admittedly from the said mobile set using the said Sim number no ransom call was made. Learned Sessions Judge has misconstrued the Sim number while rejecting the prayer for bail. The mobile set using

Patna High Court Cr.Misc. No.12748 of 2015 (2) dt.22-05-2015 2 / 2 Sim number cited in the FIR was recovered from the possession of Kundan Kumar who has since been released on bail vide order contained in Annexure-2. The petitioner has no criminal antecedent and is languishing in jail since 21.01.2015. In the facts and circumstances of the case, the petitioner abovenamed is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Sitamarhi in connection with Riga P.S. Case No. 12 of 2015 on condition that one of the bailors of the petitioner shall be his own/close family member. In the event of framing of charge the petitioner shall appear on each date fixed at the trial. Failure in appearance on two consecutive dates shall entail cancellation of bail bonds of the petitioner.

(Kishore Kumar Mandal, J) HR/- U