Patna High CourtCR. MISC./78463/2023bail granted

Sandeep Chaudhary @ Sandeep Chaudhari v. The State Of Bihar

2023-12-06Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78463 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- MATIYARIA District- West Champaran ====================================================== Sandeep Chaudhary @ Sandeep Chaudhari Son of Late Durendra Chaudhary R/O Village- Churiharwa, P.S.- Ramnagar, Dist.- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra, Adv.

For the Opposite Party/s :

Ms.Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Matiyariya P.S. Case No. 48 of 2023 instituted for the offences under Section 387 of the Indian Penal Code.

3. The prosecution case, in short, is that on 27.06.2023, a call was made from mobile no. 8447217541 at 2:02 p.m. in the mobile of the Informant demanding Rs. 12 lacs as Rangdari and the last date for payment was given as 03/04.07.2023. The Informant was also threatened that in case of non-payment of the same, he will be killed. It has further been alleged that on 01.07.2023 at 10:10 a.m., again the same call was made from the same mobile demanding Rs. 12 lacs as Rangari.

Patna High Court CR. MISC. No.78463 of 2023(2) dt.06-12-2023 2/2

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has sprung in the present case on the basis of confessional statement of the co-accused/Sheikh Saheb and Krishna Chaudhary. Nothing incriminating has been recovered from the possession of the petitioner. The charge-sheet has been submitted in the case by the police. The petitioner has no concern with the seized article. The petitioner has one criminal antecedent of the same nature of offence which is still pending. The petitioner is in custody since 06.07.2023.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the entire facts and circumstances of the case and taking into account the period of custody, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Matiyariya P.S. Case No. 48 of 2023. (Rudra Prakash Mishra, J) rishi/- U T