Vishal Singh @ Bir Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65646 of 2023 Arising Out of PS. Case No.-196 Year-2020 Thana- NAUTAN District- Siwan ====================================================== Vishal Singh @ Bir Singh Son Of Ram Pravesh Singh Village- Madho Matihani Ps- Mirganj Dist- Gopalganj ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bipin Kumar For the Opposite Party/s :
Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-01-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 387 of the Indian Penal Code.
3. Allegation against the petitioner is that he demanded extortion money of Rs. 10 lakhs from the informant and gave threatening of dire consequences.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The ransom demand has not been executed. It is further submitted from para-8 of this petition that the petitioner is in custody since 14.01.2020 and he is in jail of Bhagalpur with high security and this fact has come
Patna High Court CR. MISC. No.65646 of 2023(4) dt.23-01-2024 2/3 in para-8 of the case diary as well. He has no concern with the the mobile in question from which the call has been made. Moreover, he is languishing in judicial custody in this case since 25.05.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Nautan P.S. Case No. 196 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Siwan with following conditions:- (i) Petitioner shall co-operate in the trial and shall be present on each and every fixed date and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.
(ii) In case, the petitioner repeats offence of similar nature after enlargement on bail, his bail-bonds will be cancelled by the Court below.
(iii) If the petitioner tampers with the evidence or
Patna High Court CR. MISC. No.65646 of 2023(4) dt.23-01-2024 3/3 threatens the witnesses, in that case, the prosecution will be at liberty to move of cancellation of bail.
(Sunil Kumar Panwar, J) Shubham/- U T