The High Court at Patna considered a bail application filed by Mahesh Singh in a police case for extortion. The petitioner was not named in the FIR but appeared in the confession of a co-accused already on bail.
The petitioner was directed to be enlarged on bail on furnishing a bond of Rs. 10,000 with two sureties of the like amount each.
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.8015 of 2017
Arising Out of PS.Case No. -89 Year- 2016 Thana -SITAMARHI District- SITAMARHI
====================================================== Mahesh Singh @ Mahesiya S/o Ram Ekbal Singh, Resident of VillageRanjetpur Kuari, P.S.- Sitamarhi, District- Sitamarhi.
.... .... Petitioner Versus The State of Bihar .... .... Opposite Party ====================================================== Appearance : For the Petitioner : Mr. Virendra Kumar, Advocate. For the Opposite Party : Mr. Bisheshwar Ram, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
4 17-03-2017 Heard both sides.
The petitioner seeks bail in Sitamarhi P.S. Case No. 89 of 2016, registered for the offences punishable under Sections 385 and 387 of the Indian Penal Code.
The informant alleged that one unknown person rang on his mobile from mobile no. 8051449821 and demanded extortion of Rs. 8 lakhs.
Learned counsel for the petitioner submits that the petitioner is not named in the FIR. Nothing has been recovered from possession of the petitioner. Name of the petitioner surfaced in the case in the confessional statement of one Golu Kumar from whose possession the mobile along with SIM No. 8051449821 was recovered. Golu Kumar has already been enlarged on bail by
Patna High Court Cr.Misc. No.8015 of 2017 (4) dt.17-03-2017
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the court below. It is further submitted that save and except the confession of Golu Kumar no other incriminating material is collected to show the involvement of the petitioner. In the aforesaid case the petitioner is in jail since 09.05.2016.
Considering the facts aforesaid and the facts that, of course, the petitioner has got criminal antecedent but the name of the petitioner figured in the case only in the confession of Golu Kumar who has already been enlarged on bail and the petitioner remained in jail for more than 10 months, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Sitamarhi in Sitamarhi P.S. Case No. 89 of 2016.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
1 issue framed by the court
Whether the petitioner is entitled to bail in the PS. Case No. 89 of 2016 where the FIR does not name him but he was implicated only via the confession of another bail jumper.
2 provisions across 1 enactments
Mahesh Singh @ Mahesiya
The State of Bihar
Prabhat Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
