Patna High CourtCR. MISC./53453/2017bail granted

Shravan Kumar v. The State Of Bihar

2017-12-12Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53453 of 2017 Arising Out of PS.Case No. -137 Year- 2017 Thana -MUSAHRI District- MUZAFFARPUR ====================================================== Shravan Kumar Son of Awadh Kishor Tiwary Resident of Village - Dahila, Police Station - Gaighat, District - Muzaffarpur at present resident of Mohalla - Shekhpur (Near Ziyalal Chawk), Police Station - Ahiyapur, District - Muzaffarpur. .... .... Petitioner.

Versus

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

For the Petitioner/s : Mr. Birendra Kumar Singh For the Opposite Party/s : Smt. Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 12-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Mushahari P.S. Case No. 137 of 2017 registered under Sections 386 and 387/34 of the Indian Penal Code.

As per the prosecution case, the petitioner along with other accused persons are said to have demanded extortion of Rs.5,00,000/- under threat of dire consequence from the mother of the informant in his absence and the miscreants are said to have been identified on the basis of CCTV footage. It is submitted by learned counsel for the petitioner that as per the statement of the mother and wife of the informant the miscreants had muffled their face and in CCTV footage also the miscreants were also found to have muffled their face so there

Patna High Court Cr.Misc. No.53453 of 2017 (03) dt.12-12-2017 - 2 - is no question of identification of the miscreants in the occurrence. There is nothing cogent on the record indicating the complicity of the petitioner in the occurrence. The petitioner has been languishing in custody since 04.08.2017.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Judge-3rd-cum-Additional Chief Judicial Magistrate, Muzaffarpur in connection with Mushahari P.S. Case No.137 of 2017.

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