IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.26983 of 2008 SANJEEV KUMAR, S/o. Sharwan Singh, r/o. village-Damodarpur Samardih, P.S. Lakhisarai, Distt. Lakhisarai. ---------Petitioner. Versus THE STATE OF BIHAR ---O.P. 4 24.10.2008 The F.I.R. was lodged under Section 386 of the I.P.C. against two other accused namely, Vijay Kumar Gupta and Shekhar Choudhary with the allegation that a call for extortion of Rs.50,000/- was received to informant from Mobile No.9430448936 and that thereafter two F.I.R. named accused along with 5-6 others were keeping watch over informant and his family members and they had threatened that if money was not paid they would have to face dire consequences. Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R. Mr. S.R. Haque, the learned Addl. P.P. submits that during investigation the I.O. found that the mobile from which calls had been given, belonged to the petitioner. Learned counsel for the petitioner refers to Paras- 2 2, 5, 14 & 19, wherein informant and other witnesses have said that the phone call was recorded and through the recorded voice they guessed that the call had been given by Nikhil Singh and Shekhar Choudhary and that witness Krishndeo pd.Yadav, who is a Journalist has stated that Nikhil Singh has threatened for not publishing any news relating to the case. Learned counsel for the petitioner submits that the petitioner is a rustic villager and due to lack of electricity in the village used to give his mobile to others for charging the same and that in course of that the mobile had been used. It is also submitted that co-accused Nikhil Singh and Shekhar Choudhary have already been allowed bail by a Bench of this Court. Learned counsel further submits that no ransom money has been released in this case. Learned Addl. P.P. says that the mobile number of the petitioner was used in making the call. In the facts and circumstances, I do not feel inclined to grant bail to the petitioner for the present. Hence, the prayer for bail of the petitioner is rejected. However, if so advised, the petitioner may renew his 3 prayer for bail after completion of one year of incarceration from the date of remand. Mkr. (C.M. Prasad, J.) 4