Patna High CourtCR. MISC./50956/2017bail granted

Md. Chhotu v. The State Of Bihar

2017-12-20Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50956 of 2017 Arising Out of PS.Case No. -214 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Md. Chhotu, Son of Shah Isa, Resident of Village- Bhag Kohaliya Ward No. 4, Police Station- Forbesganj, District- Araria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Rajkishore Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Forbesganj P.S. Case No. 214 of 2017 registered under Sections 386 of the Indian Penal Code.

Rs. 5 lacs was demanded as extortion from the informant by some unknown miscreants by different mobiles. It is submitted by learned counsel for the petitioner that the petitioner is neither named in the FIR nor any incriminating article has been recovered from his conscious physical possession. The mobile used in the offence has also not been recovered from the possession of the petitioner rather from the possession of Suraj Kumar Goswami and Manoj Goswami.

Patna High Court Cr.Misc. No.50956 of 2017 (3) dt.20-12-2017 2/2 There is no cogent material in the case diary indicating the complicity of the petitioner in the occurrence barring his confessional statement recorded before the police which has no evidentiary value in the eye of law. The petitioner has been languishing in custody since 03.04.2017. The petitioner has no criminal antecedent.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Araria in connection with Forbesganj P.S. Case No. 214 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T