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Patna High CourtCR. MISC./53182/2018bail granted

Pintu Singh @ Uday Shankar Singh v. The State Of Bihar

2018-10-06Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53182 of 2018 Arising Out of PS. Case No.-216 Year-2013 Thana- VAISHALI District- Vaishali ====================================================== PINTU SINGH @ UDAY SHANKAR SINGH, son of Late Lavkush Singh resident of Mukna Raghav P.S. Vaishali District Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar For the Opposite Party/s :

Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 06-10-2018 Learned counsel for the petitioner is permitted to make necessary correction in the prayer portion of the petition regarding name of the lower court.

Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Sections 386 and 387/34 of the Indian Penal Code. Petitioner along with three other accused persons armed with revolver, carbine, pistol, etc. descended at the road construction site and assaulted the informant who happens to be munshi of the contractor and labourers and snatched Rs. 10000/- and mobile phone and also demanded extortion money of Rs. 5 lacs and threatened to torch JCB, tractor and roller. It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He

Patna High Court Cr.Misc. No.53182 of 2018(3) dt.06-10-2018 2/2 has no concern with the aforesaid occurrence. He has been falsely implicated in the case at the instance of his enemy. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. No incriminating article has been recovered from his possession. He was not apprehended on the spot. The petitioner has been languishing in custody since 08.05.2018. Co-accused Chandan Yadav has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 50358 of 2013 vide order dated 23.04.2014 while two other co-accused namely Nanhak and Nand Kishore have been enlarged on bail by learned lower court.

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 Chief Judicial Magistrate, Vaishali at Hajipur in connection with Vaishali P.S. Case No. 216 of 2013.

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