Rohit Kumar Srivastava @ Sonu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44988 of 2018 Arising Out of PS.Case No. -53 Year- 2017 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rohit Kumar Srivastava @ Sonu S/o Om Prakash Kumar Srivastava R/o Bettiah Raj Colony, Ward No. 5, Narainpur, P.S. Bagha-2, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sri Ramesh Chandra ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 28-08-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is in custody since 31.05.2018 in connection with Ramnagar P.S. Case No. 53 of 2017 for the offence registered under Sections 417, 419 and 420 of the Indian Penal Code.

Learned counsel for the petitioner submits that mobile numbers of the present petitioner have not been mentioned in the first information report which has been lodged nor is he named in the first information report. It is further submitted that only during the course of investigation, a remote connection was drawn between some calls made to the informant and his son-in-law by

Patna High Court Cr.Misc. No.44988 of 2018 (5) dt.28-08-2018 2/3 some number which was purportedly standing in the name of the present petitioner. It is under such circumstances that the petitioner is facing prosecution and has been kept behind the bars. It is further submitted that the petitioner may be released in view of the remoteness of the allegations made against him and also because there was no threat call or any demand of ransom for money, Further, the petitioner has been sufficiently punished and Section 417 and 419 of the Indian Penal Code are bailable whereas no case under Section 420 is made out against the petitioner.

Learned counsel for the State, after perusal of the case diary, submits that save and except the fact that it was known that one Goldi @ Suman Verma has been communicating with one Kishore Chaudhary, who was an ASI, with the SIM in the name of the present petitioner, it was presumed that the petitioner was involved in the nexus and, therefore, he has been taken into custody Having heard learned counsel for the petitioner, learned counsel for the State and in view of the fact that the allegations are remote and oblique against the present petitioner and there has been no threat call or demand for ransom money, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.

Patna High Court Cr.Misc. No.44988 of 2018 (5) dt.28-08-2018 3/3 to the satisfaction of SDJM, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 53 of 2017. (Anjana Mishra, J) Jagdish/- U T