The Patna High Court granted anticipatory bail to the petitioner in a case involving extortion and threat-related charges, considering the availability of evidence and the fact that a co-accused had been granted bail six weeks earlier.
Grant of anticipatory bail on furnishing a bail 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.14915 of 2020
Arising Out of PS. Case No.-411 Year-2019 Thana- DIGHWARA District- Saran
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Subhash Singh aged about 50 Yrs (Male) S/O Late Haridwar Singh, residence of Village - Bara Telpa P.S. Chapra Town, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Nawal Kishore Singh For the Opposite Party/s : Mr. Chandra Bhushan Prasad ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
Heard Mr. Nawal Kishore Singh, learned counsel for the petitioner and Mr. Chandra Bhushan Prasad, learned Additional Public Prosecutor appearing for the State through video conferencing.
Petitioner apprehends his arrest in connection with Dighwara P.S. Case No. 411 of 2019 registered for the offence punishable under Section 384 / 386 / 354 / 504 / 506 / 34 of the I.P.C.
The allegation as per the First Information Report is that the petitioner along with other accused persons demanded Rs. 2 Lakhs by way of extortion and also threatened the informant with her life and to defame and damage her character.
Learned counsel for the petitioner submits that petitioner has not committed any offence in the manner alleged and from perusal of the First Information Report it would be evident that there is specific allegation against the co-accused / Abhishek Babuan @ Abhishek Kumar Singh. Learned counsel further submits that Abhishek Babuan @ Abhishek Kumar
Patna High Court CR. MISC. No.14915 of 2020(3) dt.01-12-2020 2/2
Singh has been granted anticipatory bail by this court in Cr. Misc. No. 15549 of 2020.
Having regard to the submissions made by the parties and taking into consideration the materials available on record and the fact that co-accused against whom there is specific allegation has been granted anticipatory bail, I am inclined to grant anticipatory bail to the petitioner.
Accordingly, in the event of arrest or surrender before the court below within six weeks from today, petitioner, above named, shall be released on anticipatory bail on 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. Saran at Chapra in connection with Dighwara P.S. Case No. 411 of 2019, subject to the condition as laid down under Section 438 (2) of the Code Of Criminal Procedure.
It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.
(Anil Kumar Sinha, J)
praful/-
U T
3 issues framed by the court
Whether the petitioner is entitled to be granted anticipatory bail in the Meghalaya High Court.
Whether the petitioner should be granted anticipatory bail considering the charge of extortion and threat.
Whether the petitioner should be granted anticipatory bail considering the fact that co-accused has been granted bail.
1 provisions across 1 enactments
Subhash Singh
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
