Rakesh Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50790 of 2016 Arising Out of PS.Case No. -38 Year- 2014 Thana -SONBERSA District- SITAMARHI ====================================================== Rakesh Das, son of Late Dukha Das, resident of Village Matiar Kala, P.S. Sahiyara, District Sitamarhi .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 24-11-2016 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in custody since 18.02.2015 in connection with Sonbarsa P.S. Case No. 38/14 for offences punishable under Sections 387/34 of the Indian Penal Code.

The prosecution case is that the informant disclosed before the police that the petitioner had demanded a ransom of Rs. 2 lakhs on his mobile and also threatened of dire consequences.

It has been submitted by the learned counsel for the petitioner that he is innocent and has been implicated in the aforesaid case only on the basis of his previous criminal antecedents. He submits that the

Patna High Court Cr.Misc. No.50790 of 2016 (2) dt.24-11-2016 2/3 charge-sheet has already been submitted against the petitioner, hence, there is no chance of tampering with the evidence.

However, learned APP for the State submits that the petitioner is named in the First Information Report, hence, opposes the prayer for bail. From perusal of the materials available, it does not reveal that the petitioner's liberty on bail would adversely affect his trial, hence, in the interest of justice, let petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Sitamarhi in connection with Sonbarsa P.S. Case No. 38/14.

This direction of bail is further subject to the condition that the petitioner shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear before the learned Court below as and when

Patna High Court Cr.Misc. No.50790 of 2016 (2) dt.24-11-2016 3/3 required.

With these observations and directions, the application stands allowed.

(Nilu Agrawal, J.) Rajesh/- U T