The High Court rejected the petitioner's bail application in a case involving attempt to murder and extortion. The court noted accomplice bail and directed the trial for expedited conclusion.
No bail granted; trial directed to conclude within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.41758 of 2016
Arising Out of PS.Case No. -98 Year- 2012 Thana -RIGA District- SITAMARHI
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Chiranjivi @ Chiranjivi Sagar S/o late Bindeshwar Bhagat Resident of Village- Hajpurba, PS Runnisaidpur, District Sitamarhi.
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Virendra Kumar, Advocate. For the Opposite Party : Ms. Sucheta Yadav, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
3 05-12-2016 Heard both sides.
The petitioner seeks bail in Riga P.S. Case No. 98 of 2012, corresponding to Sessions Trial No. 527 of 2014, registered for the offences punishable under Sections 307, 387 of the Indian Penal Code and under Section 27 of the Arms Act.
The informant alleged that he received telephone from mobile number 8434920716 and the caller disclosed his name as Chiranjivi @ Chiranjivi Sagar who demanded extortion of Rs. 10 lakhs. Again the informant received telephone from mobile number 8873952941 and the callers Chiranjivi @ Chiranjivi Sagar and Mohan Baitha demanded extortion of Rs. 10 lakhs. The informant alleged that many accused persons came and made indiscriminate firing but he ignored the call of extortion on the date of occurrence.
Learned counsel for the petitioner submits that the
Patna High Court Cr.Misc. No.41758 of 2016 (3) dt.05-12-2016
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informant identified Mohan Baitha, but did not identify any other accused persons. Similarly situated co-accused Santosh Jha @ Santosh Kumar Jha has already been granted bail vide order passed in Cr. Misc. No. 45090 of 2014 on 06.04.2015, but it appears that the informant received three calls on his mobile from mobile number 8873952941 and 8434920716. The informant, firstly, alleged that Chiranjivi @ Chiranjivi Sagar who is a gang man of Santosh Jha @ Santosh Kumar Jha called him and demanded extortion thereafter Chiranjivi @ Chiranjivi Sagar and Mohan Baitha again demanded extortion of Rs. 10 lakhs. The petitioner has got criminal antecedent and he is accused in as many as 21 criminal cases of similar nature and even more heinous offences.
Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on bail. Accordingly, the same is rejected.
The trial court is directed to expedite the trial and conclude the same within six months from the date of receipt of this order as one of the co-accused Mohan Baitha has already been acquitted.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
2 issues framed by the court
Whether the petitioner is entitled to bail in a case involving offences of attempt to murder and extortion.
Whether the progress of trial can be expedited given the acquittal of one co-accused.
3 provisions across 2 enactments
Chiranjivi @ Chiranjivi Sagar
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
