Raman Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74282 of 2023 Arising Out of PS. Case No.-652 Year-2023 Thana- SITAMARHI District- Sitamarhi ====================================================== Raman Kumar Singh S/O Late Shyam Chandrra Singh R/O VillageDumrikala, P.S- Mejorganj, Distt.- Sitamarhi, At Present Near Raghunath Jha College, House Of Ganga Singh, P.S- Town, Distt.- Sitamarhi. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ansul Mr. Pushpendra Kumar Singh Mr. Divya Bharti For the Opposite Party/s :

Mr.Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 31-01-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Sitamarhi P.S. Case No. 652/2023 registered for the offences punishable under Sections 386 and 387/34 of the Indian Penal Code.

As per prosecution case, petitioner and other threatened the informant to vacate the house as the said house had already been purchased by one Nishit Bhaiya, otherwise the informant would face dire consequences. It is further alleged that petitioner and other also threatened shopkeeper Md. Abbas to vacate the shop.

Patna High Court CR. MISC. No.74282 of 2023(3) dt.31-01-2024 2/3 Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence as alleged in the FIR and he has falsely been implicated in this case. Coaccused Ravi Patel on similar and identical allegation has already been granted bail by a co-ordinate bench of this Court vide Cr. Misc. No. 67858 of 2023. It is further submitted that petitioner had never visited the house of the informant or thretened her to vacate the land in question. Petitioner has got no concern with the said land. Petitioner is in custody since 18.08.2023. Learned counsel orally submits that chargesheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. Petitioner bears criminal antecedent of two cases.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, co-accused has already been granted bail, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released 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 learned Chief Judicial

Patna High Court CR. MISC. No.74282 of 2023(3) dt.31-01-2024 3/3 Magistrate, Sitamarhi in connection with Sitamarhi P.S. Case No. 652/2023 , subject to the following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) asmit/- U T