Md. Babar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80019 of 2018 Arising Out of PS. Case No.-32 Year-2018 Thana- DEWARIA District- Muzaffarpur ====================================================== Md. Babar, son of Late Ashfaq @ Md. Ashafaq, resident of village Jaimal Dumari, P.S. Paru, District Muzaffarpur. ... ... Petitioner.

Versus

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

For the Petitioner/s :

Mr. Manindra Kishore Singh For the Opposite Party/s :

Mr. Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 18-01-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Deoria P.S. Case No.32 of 2018 registered under Section 385 & 387 of the Indian Penal Code.

Some unknown miscreants is said to have demanded extortion money of Rs.5 lakhs under threat of life from the informant by his mobile phone.

It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. The petitioner has committed no offence. He has no concern with the aforesaid occurrence. He has been falsely implicated in this case due to dirty village politics. The petitioner is neither named in the F.I.R. nor he demanded any extortion money nor the mobile by which extortion money was demanded has been recovered from

Patna High Court Cr.Misc. No.80019 of 2018(2) dt.18-01-2019 2/2 his possession. As a matter of fact, the mobile in question is hailing to one Santosh Kumar. During the course of investigation, the petitioner was suspected to be involved in such kind of activities and on the basis of his confessional statement recorded by the police in some other case he has been falsely implicated in this case. The aforesaid confessional statement recorded by the police has no evidentiary value in the eye of law. Barring the aforesaid, there is nothing on record indicating the complicity of the petitioner in the occurrence. Though some criminal cases have been lodged against the petitioner but he is on bail in the said cases. The petitioner has been languishing in custody since 30.08.2018.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1stClass, Muzaffarpur in connection with Deoria P.S. Case No.32 of 2018.

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