Petitioner in judicial custody sought bail in extortion and cheating case. High Court granted bail upon furnishing bond with sureties, subject to conditions regarding presence and non-tampering.
Petitioner released on bail by furnishing bond of Rs. 10,000 with two sureties of 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.1012 of 2019
Arising Out of PS. Case No.-172 Year-2017 Thana- CHHATAUNI District- East Champaran
======================================================
Lalit Narayan Mishra @ Lalit Mishra, aged about 45 years (Male), S/o Uma Shankar Mishra, R/o-Madhubani Chhawani Chowk, P.S - Nagar Motihari, District- East Champaran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ratanakar Jha For the Opposite Party/s : Mr.Sri Ajay Kumar Jha ======================================================
CORAM: HONOURABLE MR. JUSTICE S. KUMAR
ORAL ORDER
4 20-02-2019 Heard learned counsel for petitioner and learned
counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Chhatauni P.S. Case No. 172 of 2017 registered for the offences punishable under Sections 384, 387 of the Indian Penal Code.
Informant has alleged that on 11.07.2017 while he was in his shop he received a call from mobile no. 8558854286 by which a ransom of Rs. 10 lacs was demanded by accused Kunal Singh.
It has been submitted on behalf of the petitioner that he is innocent and has committed no offence. He has been
Patna High Court Cr.Misc. No.1012 of 2019(4) dt.20-02-2019 2/3
falsely implicated in this case. Petitioner is not named in FIR. At the time of occurrence petitioner was in judicial custody. Petitioner is not holder of said mobile from which extortion was demanded. He is in custody since 13.07.2018 and is in no way related with demand of ransom.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran, Motihari, in connection with Chhatauni P.S. Case No. 172 of 2017, subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution
Patna High Court Cr.Misc. No.1012 of 2019(4) dt.20-02-2019 3/3
will be at liberty to move for cancellation of bail
of the petitioner.
(S. Kumar, J)
Rajiv/-
U T
1 issue framed by the court
Whether to grant bail to the petitioner in connection with offences under Sections 384 and 387 of the Indian Penal Code.
Lalit Narayan Mishra @ Lalit Mishra
The State Of Bihar
S. Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
