In a bail application under Sections 385 and 387 of the IPC, the Patna High Court granted bail to the petitioner, noting his absence from the FIR and lack of evidence linking him to the extortion case.
Petitioner directed to be enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties.
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.38270 of 2017
Arising Out of PS.Case No. -63 Year- 2016 Thana -AURAI District- MUZAFFARPUR
| ====================================================== Manish Kumar @ Manish Ram, Son of Ram Swarth Ram, R/o Village- Amma, P.S.- Hathauri, District- Muzaffarpur. .... .... Petitioner. Versus |
|---|
| The State of Bihar .... .... Opposite Party. ====================================================== |
| Appearance : For the Petitioner/s : Mr. Alok Kumar Alok |
| For the Opposite Party/s : Smt. Meena Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER |
02 16-08-2017
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in Aurai P.S. Case No.63 of 2017 registered under Section 385 & 387 of the Indian Penal Code.
As per the prosecution case, some unknown miscreant claiming himself to be Commander of Bihar Liberation Group demanded Rs.10 lacs as extortion by making call and sending message on the informant’s mobile.
It is submitted by learned counsel for the petitioner that the petitioner is neither named in the F.I.R. nor he was apprehended on the spot. There is nothing on record indicating the complicity of the petitioner in the occurrence, barring his confessional statement recorded by the police in Sitamarhi P.S. Case No.535 of 2016, which has no evidentiary value in the eye of
Patna High Court Cr.Misc. No.38270 of 2017 (02) dt.16-08-2017
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law. He has been enlarged on bail in the aforesaid case. The petitioner has been languishing in custody since 21.04.2017.
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 Sub Judge-14-cum-A.C.J.M.-13, Muzaffarpur in connection with Aurai P.S. Case No.63 of 2016.
(Prakash Chandra Jaiswal, J)
Trivedi/-
U T
1 issue framed by the court
Whether the petitioner should be enlarged on bail in the pending criminal case.
1 provisions across 1 enactments
Manish Kumar @ Manish Ram
The State of Bihar
Prakash Chandra Jaiswal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
