Ghanshyam Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28238 of 2016 Arising Out of PS.Case No. -19 Year- 2014 Thana -SARAI District- VAISHALI(HAJIPUR) ====================================================== Ghanshyam Thakur Son of Naresh Thakur, Resident of VillageManibhakuraham, P.S.- Sarai, District- Vaishali. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Anuj Kumar For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 21-10-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case registered for the offence punishable under Section 387 of the Indian Penal Code. It is alleged that extortion money was demanded from the informant through mobile no. 8578868537 and in course of investigation, it came to light that sim of the aforesaid mobile number had been issued in the name of wife of petitioner and furthermore, the location of above stated mobile was found near Supaul but Para-43 of the case diary goes to show that petitioner was arrested in connection with Sheohar P.S. Case No. 166 of 2015 and was sent to Sheohar jail.

Submission on behalf of the petitioner is that neither

Patna High Court Cr.Misc. No.28238 of 2016 (4) dt.21-10-2016 2/2 aforesaid sim nor the concerned mobile was recovered from conscious possession of the petitioner and moreover, the investigating officer did not take pain even to record the statement of wife of the petitioner nor she has been made accused in this case. It is further submitted that nothing has been paid to the petitioner. It is further submitted that no doubt, petitioner carries criminal antecedent of several cases but in the present case, except suspicion there is nothing against the petitioner. Considering the aforesaid facts and circumstances as well as submissions of the parties, let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in connection with Sarai P.S. Case No. 19 of 2014.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T