Rambabu Sahani v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82665 of 2023 Arising Out of PS. Case No.-6 Year-2015 Thana- HATHAURI District- Muzaffarpur ====================================================== RAMBABU SAHANI SON OF ASHARFI SAHANI R/O VILLAGESHIVADASPUR, P.S.- KATRA, DIST.- MUZAFFARPUR. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Alok Kumar Alok For the Opposite Party/s :
Mr.Anita Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 387 of the Indian Penal Code.
3. As per FIR, when the informant opened his shop and found five envelopes containing names of five different persons as well as contact place. On opening of the envelops Communist Party of India (Maoist) was written with a Purcha were found and though that Parcha No. 126, there was a demand of Rs. 4 Lakh, Rs. 2 Lakh from the informant, thereafter the matter was reported to the police.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has
Patna High Court CR. MISC. No.82665 of 2023(2) dt.20-12-2023 2/3 committed no offence. He submitted that petitioner is not named in the F.I.R. and his name transpired during course of investigation and other similarly sitauted persons were granted bail by the Hon'ble Court was pleased enough to grant bail to the petitioner on 15.10.2015 in Cr. Misc. No. 27930 of 2015. He further submitted that after coming out from the bail the petitioner being a very poor person went out of the State to earn his livelihood, however entrusted one of the Advocate Clerk to make proper Pairvee before the Court, but in absence of the proper Pairvee the bail bond of the petitione was cancelled on 21.07.2023 by the Court below, but this fact was not known to the petitioner. Admittedly, the case has been running in the Court for framing of charge since 31.08.2015, but the petitioner could not appear before the Court because of lack of communication. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He is languishing in judicial custody since 26.08.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner
Patna High Court CR. MISC. No.82665 of 2023(2) dt.20-12-2023 3/3 on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge-cum-Special Judge, Muzaffarpur in connection with Hathouri P.S. Case No. 06 of 2015.
(Sunil Kumar Panwar, J) Arish/- U T