Bharat Singh @ Bharat Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85297 of 2023 Arising Out of PS. Case No.-117 Year-2023 Thana- DESARI District- Vaishali ====================================================== BHARAT SINGH @ BHARAT PRASAD SINGH SON OF RAMLOCHAN SINGH RESIDENT OF VILLAGE - CHAKBHAIRO, P.S. - JANDAHA, DISTRICT - VAISHALI ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 83679 of 2023 Arising Out of PS. Case No.-117 Year-2023 Thana- DESARI District- Vaishali ====================================================== PRAMOD JHA S/O LATE JAMUNA JHA R/O VILLAGE- GOMATI, P.SRAJAPAKAR, DISTT.- VAISHALI. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 85849 of 2023 Arising Out of PS. Case No.-117 Year-2023 Thana- DESARI District- Vaishali ====================================================== Thakur Sujeet Kumar @ Thakur Sujit Kumar @ Sujeet Singh SON OF Late Ramdas Singh resident of village -Chakhari Ram, ps- Mahua, Vaishali at Hajipur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 85297 of 2023) For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Ganesh Prasad Singh, APP (In CRIMINAL MISCELLANEOUS No. 83679 of 2023) For the Petitioner/s :

Mr. Devendra Kumar, Advocate For the Opposite Party/s :

Mr. Rajiv Nayan, APP (In CRIMINAL MISCELLANEOUS No. 85849 of 2023) For the Petitioner/s :

Mr. Pranav Kumar Jha, Advocate For the Opposite Party/s :

Mr. Rabindra Kumar, APP

Patna High Court CR. MISC. No.85297 of 2023(4) dt.04-03-2024 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 04-03-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Desari (Sahdeai OP) P.S. Case No.117 of 2023 registered for the offence under Sections 341, 323, 379, 384, 504 and 506/34 of the Indian Penal Code and Section 50(c)(d) of the Bihar Prohibition and Excise Act.

3.

As per FIR, this petitioner have demanded Rs.5,00,000/- as extortion for releasing Ayodhya Singh, who was apprehended by him along with 3 litres of country made liquor, along with other co-accused person.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case, where, petitioner is a member of ALTF team. It is submitted that he has never demanded any extortion money from the informant and no incriminating article has been recovered during course of investigation, which may connect this petitioner with the present set of occurrence. It is also submitted that similarly situated co-accused person has already been granted bail a learned co-ordinate Bench of this

Patna High Court CR. MISC. No.85297 of 2023(4) dt.04-03-2024 3/3 Court through Cr. Misc. No.82789 of 23.01.2024. It is further submitted that petitioner is a man of clean antecedent and petitioner of Cr. Misc. No.85297 of 2023 and Cr. Misc. No.85849 of 2023 are in custody since 04.09.2023 and petitioner of Cr. Misc. No.83679 of 2023 is since 11.09.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner, let the petitioner, above named, is directed to be released on bail in connection with Desari (Sahdeai OP) P.S. Case No.117 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court No.1st - cumAdditional District and Sessions Judge, Vaishali at Hajipur. (Ramesh Chand Malviya, J) S.Katyayan/- U T