Arun Singh @ Arun Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52040 of 2018 Arising Out of PS. Case No.-630 Year-2017 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Arun Singh @ Arun Kumar Singh S/o Late Bikarmaditya Singh, R/o vill.- Pipra, P.S.- Jitna, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sharda Nand Mishra For the Opposite Party/s :

Mr. Sri Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-09-2018 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in this case is seeking regular bail in connection with Motihari Town P. S. Case No. 630 of 2017 registered for the offence punishable under Section 387 of the Indian Penal Code.

Learned counsel for the petitioner submits that the informant of this case filed a petition alleging therein that on 11.09.2017 at about 9:05 a.m. the informant received a message on his mobile demanding Rs. 30 lakhs as Rangdari and it was threatened that if within four days said amount will not be given, he will lift the informant's both sons who are studying in St. Xavier School, Motihari. The mobile numbers have been

Patna High Court Cr.Misc. No.52040 of 2018(2) dt.20-09-2018 2/3 provided in the fardbeyan.

Learned counsel for the petitioner submits that the petitioner is not named in the first information report, however, his name has been brought in course of investigation on the basis of confessional statement of co-accused Mithlesh Pathak. It is alleged that Pinki Devi wife of co-accused Mithlesh Pathak reached at her maike Sripur and the petitioner is living in the neighbouring village-Pipra and there was an agreement with Pinki Devi for selling 5 Katha of land and on this there had been some hot talk between them. It is for this reason, the petitioner has falsely been implicated.

Learned counsel for the petitioner submits that the petitioner is in custody since 25.05.2018 and now the investigation is complete in this case.

Learned APP has opposed the prayer of bail.

Considering the facts and circumstances of the case wherein the name of this petitioner is said to have transpired on the basis of confessional statement of the co-accused, let the petitioner Arun Singh @ Arun Kumar Singh be released on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Motihari in connection with Motihari Town P. S.

Patna High Court Cr.Misc. No.52040 of 2018(2) dt.20-09-2018 3/3 Case No. 630 of 2017, subject to the condition that one of the sureties of the petitioner would be a family member having no criminal antecedent and the petitioner shall ensure that he would not indulge in any offence of similar nature in future and further he would co-operate in course of trial by putting his presence before the learned Trial Court on the date fixed in the matter. If the petitioner fails to appear on two consecutive dates in the trial court, his bail bond shall be cancelled by the learned trial court without waiting for any application on behalf of the prosecution for the same. These conditions are in addition to the condition laid down under Section 437(3) Cr.P.C.

(Rajeev Ranjan Prasad, J) avin/- U T