The Patna High Court granted regular bail to the petitioner in a case involving extortion. The court noted the petitioner's clean antecedents and the implausibility of overawing victims without weapons.
Petitioner enlarged on regular bail by furnishing bond of Rs. 10,000 with two sureties of like amount.
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.33641 of 2017
Arising Out of PS.Case No. -98 Year- 2017 Thana -BAUSI District- PURNIA
======================================================
Vikash Kumar Jha S/o Lalit Kumar Jha, R/o- Lok Nath Para, P.S.- Dalkola, District- Uttar Dinajpur, West Bengal.
.... .... Petitioner/s
Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sudha Chandra For the Opposite Party/s : Mr. Sri Bharat Bhushan
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
The petitioner seeks regular bail in connection with Baisi P.S. Case No. 98 of 2017, registered for the offence punishable under Section 384 of the I.P.C.
According to the informant as alleged in the FIR, the informant along with his cousin were going to Bihpur from Malda, when they were apprehended on the way by the petitioner and ransom money of Rs. 5,000/- (five thousand), was demanded from the informant. In the meantime, police had come at the place of occurrence and apprehended the accused persons, after a chase.
Learned counsel for the petitioner submits that the petitioner has a clean antecedent and no recovery has been made from the possession of the petitioner. It has been further submitted that the informant and his associates were three in number but the
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said accused persons were two in number, hence, it is improbable that the said accused persons without carrying any weapon could have overawed the informant and his associates. It is stated that the petitioner is in custody since 01.06.2017.
Having regard to the facts and circumstances of the case, I deem it fit and proper to enlarge the petitioner on regular bail.
Accordingly, the petitioner, above named, 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 learned Judicial Magistrate, 2nd Class, Purnea, in connection with Baisi P.S. Case No. 98 of 2017.
(Mohit Kumar Shah, J)
khushbu/-
U T
1 issue framed by the court
Whether the petitioner should be granted regular bail in a case involving extortion under Section 384 IPC.
Vikash Kumar Jha
The State of Bihar
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
