Patna High CourtCR. MISC./64870/2024bail granted

Anil Rai @ Anil Kumar v. The State Of Bihar

2024-11-20Mr. Justice Shailendra Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64870 of 2024 Arising Out of PS. Case No.-207 Year-2024 Thana- LALGANJ District- Vaishali ====================================================== Anil Rai @ Anil Kumar S/o- Sitaram Rai Resident of Village- Sathiauta PSBhagwanpur District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shivanand Singh, Advocate For the Opposite Party/s :

Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 20-11-2024

1. Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 207 of 2024 dated 15.07.2024 registered for the offence(s) punishable under Section(s) 308(5), 308(4) of the B.N.S., 2023.

3. Mr. Shivanand Singh, learned counsel for the petitioner submits that the petitioner has fair and clean antecedent and he has been implicated in this matter on account of being father of co-accused Roshan Tatya and there is no direct evidence against him to connect him to the alleged extortion demand which was made through mobile communication by using some mobile numbers of which details have been given in the FIR but the petitioner has no connection

Patna High Court CR. MISC. No.64870 of 2024(3) dt.20-11-2024 2/3 to any of these numbers. The petitioner is a totally stranger to co-accused Hunny @ Bhola and Pramod Kumar who are said to have disclosed the name of the petitioner before the police as being involved in the alleged commission of the extortion of money but the said statement made before the police is not admissible and further the petitioner has been languishing in jail since 22.07.2024 and against him the investigation has been completed.

4. Though, Mr. Surendra Prasad Singh, learned APP appearing for the State has opposed the bail prayer of the petitioner but fairly accepted that there is no direct evidence against this petitioner except the petitioner's relationship with the co-accused Roshan Tatya, who is a history-sheeter having several criminal cases against him.

5. Having regard to the above submissions as well as facts and circumstances of this case and mainly the facts that in respect of petitioner's involvement, the prosecution has not pointed out any direct evidence against this petitioner except his relationship with co-accused Roshan Tatya and the petitioner has fair and clean antecedent and against him the investigation has been completed, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be

Patna High Court CR. MISC. No.64870 of 2024(3) dt.20-11-2024 3/3 enlarged on bail in connection with Lalganj P.S. Case No. 207 of 2024 on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned.

(Shailendra Singh, J) Rajiv/- U T