Atul Kashyap @ Chunu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5873 of 2018 Arising Out of PS. Case No.-573 Year-2017 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Atul Kashyap @ Chunu S/o Laxman Prasad Singh, R/o Village- Chhota Bariyarpur, P.S.- Chhatauni, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Singh For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 15-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with Motihari Town P.S. Case No. 573 of 2017 registered under Sections 387 and 120-B of the Indian Penal Code. One Kunal Singh is said to have demanded extortion money from the informant on mobile asking him to handover the money to a boy to be send by him. It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. No incriminating article has been recovered from his conscious physical possession. He has no concern with the aforesaid occurrence. He has been falsely implicated in this case wrongly
Patna High Court Cr.Misc. No.5873 of 2018(5) dt.15-03-2018 2/2 by the police merely on the basis of his confessional statement recorded in Motihari Town P.S. Case no. 519 of 2017. Though, mobile phone used in the occurrence is said to have been recovered from the Almirah kept in the house of the petitioner, but the said house is inhabited by several other family members of the petitioner and the Almirah is in their use also. Though, three criminal cases have been lodged against the petitioner, but he is on bail in the said cases. He has been languishing in custody since 12.09.2017.
In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 573 of 2017. (Prakash Chandra Jaiswal, J) rohit/- U T