Raja Kumar vs State Of Bihar

The matter has been heard via video conferencing due to circumstances prevailing on account of the COVID-19 pandemic.

Heard Mr. Vikram Deo Singh, learned counsel for the petitioner and Ms. Renu Kumari, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

The petitioner is in custody in connection with Rupaspur PS Case No. 503 of 2019 dated 28.11.2019 instituted under Sections 341, 323, 384, 506, 504 of the Indian Penal Code and 25(1-B)(a) of the Arms Act.

The allegation against the petitioner is that he came and demanded Rs. 2,000/- as extortion and then took out a pistol but was overpowered.

Learned counsel for the petitioner submitted that as per the allegation itself, the petitioner had come and had asked for Rs. 2,000/- extortion and then had taken out a countrymade pistol which was not used and the petitioner was also arrested. It was submitted that the countrymade pistol was empty. It was further submitted that no money was taken by the petitioner. Learned counsel submitted that the petitioner having no criminal antecedent is in custody since 29.11.2019.

Learned APP submitted that the petitioner had demanded extortion after pointing a countrymade pistol. However, she did not controvert that neither any money was taken nor the countrymade pistol was loaded.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM II Danapur, Patna in Rupaspur PS Case No. 503 of 2019 subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity, tamper with the evidence or influence the witnesses. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.