Rakesh Rai @ Rakesh Kumar @ Rakesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69825 of 2021 Arising Out of PS. Case No.-262 Year-2016 Thana- SITAMARHI District- Sitamarhi ====================================================== Rakesh Rai @ Rakesh Kumar @ Rakesh Kumar Yadav Son of Suresh Rai @ Suresh Yadav Resident of village - R.D Palesh Indira Nagar, Sitamarhi, P.S.- Sitamarhi, 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. Arun Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 27-03-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of four weeks from today.

Petitioner seeks bail in a case registered for the offences punishable under Sections 385/387 of the Indian Penal Code.

According to prosecution case, the informant received a call from the petitioner who demanded Rs. 10,00,000/- as extortion, failing which he would be killed. It is further alleged that earlier also extortion call were made on the mobile of the informant by the petitioner.

Patna High Court CR. MISC. No.69825 of 2021(7) dt.27-03-2023 2/2 Learned counsel for the petitioner submits that petitioner has falsely been implicated in the present case. He further submits that the petitioner is named in the F.I.R. but the father's name and address as mentioned in the F.I.R. does not belong to the petitioner.

Vide order dated 13.02.2023 a report was called with regard to the present stage of trial. Report of the learned Trial Court dated 04.03.2023 reveals that the case is fix for judgment. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner on the ground that petitioner carries 16 criminal antecedents other than the present one.

In view of the report of the learned Trial Court, I am not inclined to enlarge the petitioner on bail in connection with Sitamarhi P.S. Case No. 262 of 2016 pending in the court of learned Chief Judicial Magistrate, Sitamarhi. Prayer is refused.

(Rajesh Kumar Verma, J) Vanisha/- U T