Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.13206 of 2012 ====================================================== 1. Brishketu Kumar Singh @ Bishnu Singh S/O Late Nifikir Singh Resident Of Village- Kusumhi, P.S.- Tarari, District- Bhojpur .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghunandan Kumar Singh, Advocate For the Opposite Party/s : Mr. Madhuranand Jha, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA PRAKASH ORAL ORDER 4. 29.8.2012 Heard learned Counsel for the petitioner and the State. The petitioner seeks bail in a case instituted for the offence under [STATUTE] as well as 25(1-b)a, 26(2) of the Arms Act and 17 of the Criminal Law Amendment Act. The petitioner was refused bail by an order dated 10.8.2011. The prayer for bail has been renewed on the ground of undue delay in trial. Successive reports were called for from the Trial Court, perusal of which reveals that out of seven witnesses the prosecution has produced only two witnesses up till now. Considering that the petitioner is in custody Patna High Court Cr.Misc. No.13206 of 2012 (4) dt.29-08-2012 2 since 6.3.2011 and has clean antecedents, let the petitioner above named, be released on bail on furnishing bail bond of Rs. 5,000/-(Five thousand) with two sureties of the like amount each or any other surety to be fixed by the court concerned to the satisfaction of learned Additional Sessions Judge Vth, Rohtas at Sasaram in connection with Sessions Trial No.189 of 2011 arising out of Dehri (Indrapuri) P.S. Case No.128 of 2011, subject to the conditions (i) That one of the bailor shall be Rakesh Roushan, Bhagina of the petitioner and the other bailor 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 undertake to furnish information to the Court about any change in address of the petitioner. (ii) That the affidavit shall clearly state that the petitioner is not an accused in any other case and if he is he shall not be released on bail, (iii) That the bailor shall also state on affidavit that he will inform the court concerned if the petitioner is implicated in any other case of similar nature after his release in the present case and thereafter the court below will be at liberty to initiate the proceeding for cancellation of bail on ground of misuse, (iv) That the Patna High Court Cr.Misc. No.13206 of 2012 (4) dt.29-08-2012 3 petitioner shall be physically present on each date during trial and if he fails to do so on two consecutive dates without any reasonable cause, his bail shall stand automatically cancelled. The fact that the petitioner has clean antecedents will be verified by the Trial Court before releasing the petitioner on bail. Narendra/ ( Anjana Prakash, J. )

Applicable IPC Section: 386

Statute Text:
Section 386 of the Indian Penal Code. extortion by putting a person in fear of death or grievous hurt. Whoever commits extortion by putting any person in fear of death or of grievous hurt to that person or to any other, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.