Patna High Court granted bail to the petitioner in a case of extortion, pointing out a lack of material evidence in the case diary regarding his guilt despite his implication arising from RTI activities.
Petitioner released on bail on Rs. 10,000 bond with two sureties of like amount each to Chief Judicial Magistrate Begusarai, subject to specific conditions.
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.58663 of 2019
Arising Out of PS. Case No.-167 Year-2019 Thana- BARAUNI District- Begusarai
======================================================
BIPIN RAY Son of Ramudgar Ray Resident of Village-Chakiya, P.S. (Chakiya), Barauni, District-Begusarai.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ram Sumiran Rai, Adv. For the Opposite Party/s : Mr.Pronoti Singh,APP ======================================================
CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER
3 13-12-2019 Heard learned counsel for the petitioner and the learned APP for the State.
The petitioner seeks bail in Barauni (Chakiya) P. S. Case No. 167 of 2019 instituted for the offence under Section(s) 384, 386, 387 and 34 of the Indian Penal Code.
It is submitted by the petitioner’s counsel that in view of the various activities undertaken by the petitioner under the Right to Information Act, whereby he was putting the Authorities in a difficult situation, the petitioner has been implicated in the instant case. Other than hearsay, there is nothing in the case diary to suggest that the petitioner has committed any offence. Petitioner is in custody since 17.4.2019.
The learned APP for the State, after going through the case diary, is not in a position to point out any material from the
Patna High Court CR. MISC. No.58663 of 2019(3) dt.13-12-2019 2/2
case diary otherwise.
Considering the aforesaid, let the petitioner, above named, be released 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 learned Chief Judicial Magistrate Begusarai, in connection with Barauni (Chakiya) P. S. Case No. 167 of 2019 , subject to the following conditions:-
(i) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.
(ii) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail bond will be liable to be cancelled.
(Madhuresh Prasad, J)
shyambihari/-
U T
3 issues framed by the court
Whether the petitioner should be released on bail in a case involving extortion and criminal conspiracy.
Whether the petitioner's involvement in RTI activities constitutes a ground for refusal of bail.
Whether there is sufficient evidence in the case diary to deny bail.
1 provisions across 1 enactments
BIPIN RAY
The State of Bihar
MADHURESH PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
