Daya Nand Kushwaha @ Dayanand Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20339 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana -KOTWALI District- MUNGER ======================================================

1. Daya Nand Kushwaha @ Dayanand Mandal son of Sita Ram Mandal resident of Mohalla- Purab Sarai (Durga Asthan Gali), P.S. Munger Kotwali, District- Munger.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Rita Verma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 01-07-2016 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 385, 504, 506/34 and 387 of the I.P.C Allegedly, from the shopkeepers of mohallaNeemtalla Munger ransom was demanded at the rate of Rs.1000/- per month from each shops, failing which theft will be committed in the shops one by one and further threats were given to explode them. The FIR named three accused persons along with 5-6 miscreants had demanded ransom. During investigation the name of the petitioner transpires that the petitioner got sent the message through the mobile of his Bhanja Shresth Kumar to pay the

Patna High Court Cr.Misc. No.20339 of 2016 (3) dt.01-07-2016 2/2 ransom.

Submission is of false implication and that there is no legal and tangible material against the petitioner, Shresth Kumar from whose mobile the message was sent has already been allowed bail vide Cr. Misc. No. 18162 of 2016 and the petitioner only on the basis of his criminal antecedent is suffering in custody since 16.03.2016.

The learned A.P.P. fairly submits that Shresth Kumar has already been allowed bail.

In the facts and circumstances as stated above, the petitioner is also directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of C.J.M. Munger in Munger Kotwali P.S. Case No. 47 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) Abhay/- U T