Raj Kumar Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29666 of 2016 Arising Out of PS.Case No. -145 Year- 2016 Thana -KHAGARIA District- KHAGARIA ====================================================== Raj Kumar Sahni s/o Chhathu Sahni, resident of Village Bhagat Tola, Ward No. 12, P.S. and District Khagaria.

.... .... 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. Amrendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2016 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under Sections 386 and 506/34 of the Indian Penal Code. The prosecution case, in short, is that on 27.2.2016 at 12.38 P.M. levy amount of Rs.6 lacs was demanded by mobile No.7899466590 on the mobile No.9955594514 of the brother of the informant and the called disclosed himself to be a member of Naxalite and out of fear the informant gave Rs.1 lac to the culprit. The caller again demanded rest amount and threatened the informant of dire consequences. The petitioner was apprehended by the police while taking the amount of ransom money from the informant.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29.2.2016 and charge sheet has been submitted in the present case. The petitioner has got no

Patna High Court Cr.Misc. No.29666 of 2016 (3) dt.07-09-2016 2/2 criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been made accused due to mistake of fact. The informant had taken loan of Rs.15,000/- from the petitioner. After repeated demands made by the petitioner, the informant had come to return the said amount to the petitioner, but due to bad intention of the informant he has falsely been implicated in the present case. It is further submitted that the petitioner may be released after completion of nine months in custody from 29.2.2016.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail after completion of nine months in custody from 29.2.2016 on furnishing bail bond of Rs. 10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Khagaria P.S. case No.145 of 2016. (Sudhir Singh, J) Narendra/- U T