Rishiraj @ Dibalu @ Diblu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83836 of 2024 Arising Out of PS. Case No.-154 Year-2022 Thana- SONO District- Jamui ====================================================== Rishiraj @ Dibalu @ Diblu S/O Satyendra Ray Resident Of Village- Sono, P.S.- Sono, Dist.- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar. APP, ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Sono P.S. Case No. 154 of 2022 instituted for the offences under Sections 147, 148, 149, 341, 323, 342, 385, 387, 307 of the Indian Penal Code.

3. Allegation against the petitioner is of demanding a sum of Rs. 5 lakhs as extortion. It is further alleged that when he refused to give the same, this petitioner along with other coaccused persons has assaulted the informant with intention to kill him.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case.

Patna High Court CR. MISC. No.83836 of 2024(2) dt.10-12-2024 2/3 Learned counsel further submitted that petitioner never demanded any extortion. Learned counsel for the petitioner submitted that police, after investigation, submitted the chargesheet under bailable sections against this petitioner and the petitioner was granted bail by the police. However, learned Trial Court took cognizance against the petitioner for the offences under Sections 147, 148, 149, 341, 342, 323, 385, 387, 307 of the Indian Penal Code by the order dated 04.01.2024. Learned counsel further submitted that Sections 387 and 307 of the IPC are non-bailable. It has been submitted on behalf of the petitioner that the petitioner is in custody since 15.06.2024 and has ten criminal antecedents out of which he is on bail in nine cases.

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

6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Sono P.S. Case No.

Patna High Court CR. MISC. No.83836 of 2024(2) dt.10-12-2024 3/3 154 of 2022, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(IV) If the petitioner is found involved in threatening the informant or his family members, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (Rudra Prakash Mishra, J) Alok Verma/- U T