The Patna High Court granted regular bail to the petitioner, Sonu Kumar, in a police station case involving allegations of extortion under Sections 385 and 387 of the IPC, citing lack of cogent material connecting him to the offence.
Petitioner granted regular bail on furnishing bond of Rs. 20,000 with two sureties of like amount.
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.28179 of 2021
Arising Out of PS. Case No.-545 Year-2018 Thana- SITAMARHI District- Sitamarhi
======================================================
SONU KUMAR @ SONU ROCK @ ROCK Son of Ram Sagar Singh Resident of Village - Adhgain, P.S.- Parihar, Distt.- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Virendra Kumar For the Opposite Party/s : Mr. Atul Chandra, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
6 04-04-2022 Heard the parties.
Petitioner seeks regular bail in connection with
Sitamarhi PS Case No. 545 of 2018 registered under Sections 385 / 387 of the I.P.C.
As per the First Information Report the informant has alleged that on 09.05.2018 a call on his mobile no. 9955660180 came from mobile no. 9532907501 and the caller demanded a sum of Rs. 10 lakh/- as extortion money.
Learned counsel for the petitioner submits that FIR is against unknown and the petitioner has falsely been implicated in this case on the basis of the fact that petitioner has criminal antecedent. He further submits that during the course of investigation statement of spy and some witnesses have been recorded and they have only said that petitioner is a member of
Patna High Court CR. MISC. No.28179 of 2021(6) dt.04-04-2022 2/3
Rakesh Rai gang. He next submits that except the statement of spy and some other witnesses that he is a member of the gang, no other material has been collected by the police to connect the petitioner with the present offence. Even the CDR of the mobile does not indicate that the petitioner was the caller who had called the informant and demanded the extortion amount. The petitioner is in custody since 06.11.2020 and charge sheet has already been submitted.
Regard being had to the submissions made by the parties and taking into consideration the materials available on record, the fact that during the course of investigation no cogent material has come against the petitioner, he is in custody since 06-11-2020 and charge sheet has already been submitted, as such, I am inclined to grant regular bail to the petitioner.
Let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 20000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sitamarhi in connection with Sitamarhi PS Case No. 545 of 2018 on the following condition:-
(a) that the petitioner shall remain present on each and every date during the course of trial and in case of default on two consecutive dates
Patna High Court CR. MISC. No.28179 of 2021(6) dt.04-04-2022 3/3
on the part of the petitioner, his bail bond shall liable to be cancelled.
(Anil Kumar Sinha, J)
praful/-
U T
1 issue framed by the court
Whether regular bail should be granted to the petitioner in connection with extortion charges.
1 provisions across 1 enactments
Sonu Kumar @ Sonu Rock @ Rock
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
