Rafak Ansari @ Rafak Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31278 of 2018 Arising Out of PS.Case No. -66 Year- 2017 Thana -PURUSHOTTAMPUR DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Rafak Ansari @ Rafak Mian, Rafak Mian, s/o Muda Islam @ Islam Miyan, r/v-Pidari, P.S.-Inarwa, Dist-West Champaran. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Sunil Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Purushottampur P.S. Case No. 66/2017 registered under Sections 386 and 387 of the Indian Penal Code.

As per the prosecution case, one Imteyaz is said to have demanded extortion money of Rs. 1 lakh from the informant and its man on the threat of assaulting him and also of vanishing his tractor. During course of investigation, Azad Alam was apprehended and the mobile, which was used in the offence, was recovered from his possession. He named the petitioner in the offence and also stated that the SIM of the petitioner was used by his mobile.

Patna High Court Cr.Misc. No.31278 of 2018 (2) dt.21-05-2018 2/2 It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid offence and as a matter of fact, he had given his mobile along with SIM Card to Azad Alam, who runs a mobile repair shop, for repairing the same but the said SIM was used by said Azad Alam. He has falsely named the petitioner in the occurrence. Barring the aforesaid disclosure, there is nothing on record indicating the complicity of the petitioner in the occurrence and aforesaid Azad Alam has been allowed bail by a co-ordinate Bench of this Court. Petitioner has no criminal antecedent. The petitioner has been languishing in custody since 18.12.2017.

Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate IVth, Bettiah, West Champaran in connection with Purushottampur P.S. Case No. 66/2017. (Prakash Chandra Jaiswal, J.) Rakhi U T