Abhishek Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.79609 of 2018 Arising Out of PS. Case No.-423 Year-2018 Thana- MAJORGANJ District- Sitamarhi ====================================================== Abhishek Singh, son of Ramashankar Singh, resident of village- Basabitti, P.S. Sahiyara, District- Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Sri Prem Kumar Jha (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 08-01-2019 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner, who is in custody, seeks bail in connection with Majorganj P.S. Case No. 423 of 2018 registered for the offences punishable under Sections 363, 341, 323, 427, 385, 387 of the Indian Penal Code. Informant has alleged in his written complaint that on 22.10.2018 when his son was sitting in his potato godown, petitioner and others damaged his boundary wall which was objected by his son and thereafter matter was pacified. It is further alleged that next day on 23.10. 2018 when son of informant went to open his shop accused demanded Rs. 50,000/- which was refused by his son and thereafter he was taken away by the informant for payment of amount of

Patna High Court Cr.Misc. No.79609 of 2018(2) dt.08-01-2019 2/3 Rs. 50,000/- It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been falsely implicated in this case. Demand of ransom is false and concocted, there was some dispute between the parties on account of breaking of front screen of car of petitioner for which petitioner was demanding compensation and he was implicated in this case on the basis of false and concocted story. Petitioner has no criminal antecedent and is in custody since 24.10.2018.

Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,-1, Sitamarhi, in connection with Majorganj P.S. Case No. 423 of 2018, subject to conditions:

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.

Patna High Court Cr.Misc. No.79609 of 2018(2) dt.08-01-2019 3/3

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) Rajiv/- U T