Chandan Kumar @ Chandan Marandi @ Chandrashekhar Azad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.18680 of 2015 Arising Out of PS.Case No. -324 Year- 2014 Thana -SHERGHATI District- GAYA ====================================================== Uttam Kumar, son of Binay Prasad resident of village Badka Karasan P.S. Imamganj District Gaya.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.20572 of 2015 Arising Out of PS.Case No. -324 Year- 2014 Thana -SHERGHATI District- GAYA ====================================================== Chandan Kumar @ Chandan Marandi @ Chandrashekhar Azad Son of Late Brij Mohan Prasad, R/o Village - Manjhaulia P.S. - Raushanganj, District - Gaya.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
(In Cr.Misc. No.18680 of 2015) For the Petitioner/s : Mr. Paras Nath, Advocate For the Opposite Party/s : Mr. Rajendra Nath Jha(App) (In Cr.Misc. No.20572 of 2015) For the Petitioner/s : Mr. Shivendra Prasad, Advocate For the Opposite Party/s : Mr. Indu Kumari Srivastava (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 23-06-2015 Heard learned counsels for the petitioners and the State. The petitioners are languishing in jail since 19.01.2015 in a case registered for the offences punishable under Section 387 of the Indian Penal Code.
The prosecution case is that demand of extortion was made initially through a letter and, subsequently, through mobile. The name of petitioners sprang up during investigation though the
Patna High Court Cr.Misc. No.18680 of 2015 (2) dt.23-06-2015 2/2 mobile numbers were mentioned in the First Information Report. It is submitted by learned counsel for the petitioners that mobile numbers mentioned in the FIR are not registered in the name of the petitioners. Moreover, even accepting the accusation, no offence under Section 387 of the Indian Penal Code is made out and the investigation has already concluded. Considering the aforesaid facts, let the above named petitioners be released on bail, on furnishing bail bonds of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Shergathy, Gaya in connection with Sherghaty P.S. Case No.324 of 2014.
Learned court below will be at liberty to cancel the bail bonds of the petitioners if they default for two consecutive occasions or gets involved in some serious nature of offences. (Dinesh Kumar Singh, J) Ashwini/- U T