Bandhan Tirkey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65174 of 2019 Arising Out of PS. Case No.-212 Year-2018 Thana- RAJGIR District- Nalanda ====================================================== BANDHAN TIRKEY Son of Late Mansa Tirkey Resident of - Nadi Dhipa, Bajra, Hehal, P.S.- Shukhdeo Nagar, Distt - Ranchi (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Naresh Chandra Verma For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-11-2019 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Rajgir Police Station Case No. 212 of 2018, disclosing offence under Section 387 of the Indian Penal Code. The allegation against the petitioner is that the petitioner demanded a sum of Rs. 20,00,000/- as extortion, from his mobile phone, bearing No. 7546029835.

Learned Counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has got no criminal antecedent. He submits that the mobile of the petitioner was lost and the petitioner being a naive person, did not lodge any complaint with the police regarding loss of his mobile phone. He further submits that in course of

Patna High Court CR. MISC. No.65174 of 2019(3) dt.05-11-2019 2/2 investigation, no material ha come against the petitioner except that several calls were made from the mobile of the petitioner. He further submits that the petitioner is working as a salesman in a shop.

Having regard to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner has got no criminal antecedent and no extortion was paid pursuant to the call made from the mobile of the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

Let the petitioner, Bandhan Tirkey, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nalanda, at Biharsharif, in connection with Rajgir Police Station Case No. 212 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √