Surendra Mishra @ Chhotu Mishra Vs. the State of Bihar - Court Judgment

Excerpt:
in the high court of judicature at patna criminal miscellaneous no.1502 of 2012 surendra mishra @ chhotu mishra son of harendra mishra at sohnipatti(buxar), p.s.buxar(t),district buxar versus the state of bihar ---------------------------------- 02/ 11.01.2012 heard mr. aadityanath pandey, learned counsel for the petitioner and dr.kumar uday pratap, learned app for the state. the petitioner is an accused of a case which has been registered for offences under sections 385 and 387 of the indian penal code. the informant received a phone call from unknown person that if he wants to open the shop, then he will have to pay the amount. the present first information report was registered on the basis of the written repo0rt. submission is that the petitioners complicity has come up 2 only on the basis of confessional statement. the petitioner has no telephone or mobile, so he cannot be linked with raising any demand through phone and mobile. considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned chief judicial magistrate, buxar in buxar (t) p.s.case no. 232 of 2011. (shyam kishore sharma, j.) tahir/-

Judgment:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.1502 of 2012 Surendra Mishra @ Chhotu Mishra son of Harendra Mishra at Sohnipatti(Buxar), P.S.Buxar(T),District Buxar Versus The State Of Bihar ---------------------------------- 02/ 11.01.2012 Heard Mr. Aadityanath Pandey, learned counsel for the petitioner and Dr.Kumar Uday Pratap, learned APP for the State. The petitioner is an accused of a case which has been registered for offences under Sections 385 and 387 of the Indian Penal code. The informant received a phone call from unknown person that if he wants to open the shop, then he will have to pay the amount. The present first information report was registered on the basis of the written repo0rt. Submission is that the petitioners complicity has come up 2 only on the basis of confessional statement. The petitioner has no telephone or mobile, so he cannot be linked with raising any demand through phone and mobile. Considering the facts and circumstances of the case, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Buxar in Buxar (T) P.S.Case No. 232 of 2011. (Shyam Kishore Sharma, J.) Tahir/-