Nuruddin Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51233 of 2022 Arising Out of PS. Case No.-293 Year-2022 Thana- BAHERA District- Darbhanga ====================================================== NURUDDIN SAH S/O NASIRUDDIN SAH @ MD. NASIRUDDIN Resident of village- Phulwari Sarif Naya Tola, P.S.- Fulwari Sarif, DistrictPatna. .. ... Petitioner/s

Versus

THE STATE OF BIHAR .. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shailendra Kumar Jha For the Opposite Party/s :

Mr. Sharda Kumari A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 21-12-2022 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned A.P.P for the State.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 352, 384, 385 and 386 read with 34 of the Indian Penal Code. As per the prosecution case, the informant received a phone call from the petitioner who told him that he received Rs. 50,000/- to kill the informant and his family members and if he wanted to save himself and his family members then he would have to pay Rs. 1,50,000/- as rangdari otherwise they would be killed. The informant got scared and paid Rs. 5,000/- to the

Patna High Court CR. MISC. No.51233 of 2022(2) dt.21-12-2022 2/3 petitioner. The petitioner demanded the remaining amount and threatened to shoot the informant and kidnap the informant's son if the remaining amount was not paid. Thereafter, the informant's family informed the police who apprehended the petitioner.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The mobile number used for extorting the informant does not belong to the petitioner. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 06.07.2022. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Benipur, Darbhanga in connection with Bahera P.S. Case No. 293 of 2022.

Patna High Court CR. MISC. No.51233 of 2022(2) dt.21-12-2022 3/3 The application stands allowed.

atul/- (Chandra Prakash Singh, J) U T