Patna High CourtCR. MISC./5501/2024bail granted

Shakti Agarwal v. The State Of Bihar

2024-02-07Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 5501 of 2024 Arising Out of PS. Case No.-283 Year-2023 Thana- ADAPUR District- East Champaran ====================================================== SHAKTI AGARWAL SON OF OM PRAKASH AGARWAL RESIDENT OF VILLAGE - GAHWA MAI RAMTOL (WARD NO.07), P.S. - BIRGANJ, DISTRICT - PARSA (NEPAL) ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rakesh Kumar, Adv For the Opposite Party/s :

Mr.Pushpa Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 07-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks regular bail in connection with Adapur P.S. Case No. 283 of 2023 registered on 19.09.2023 lodged under Sections 386 and 387 of the I.P.C.

3. As per the prosecution case, F.I.R. has been lodged against the owner of the on mobile number.

4. Counsel for the petitioner submits that petitioner is not named in the F.I.R. though there is demand of ransom but name of the petitioner has been figured in this case during the investigation as call has been made from the mobile of informant's brother-in-law and it has also come that the said mobile was in the possession of the petitioner.

Patna High Court CR. MISC. No. 5501 of 2024(2) dt.07-02-2024 2/3

5. Counsel submits that petitioner is innocent and has committed no offence, therefore, he is ready to face trial and he is ready to fulfill all the condition ready to fulfill all the conditions, whatsoever shall be imposed upon them shall be imposed on him. He further submits that petitioner is in custody since 07.11.2023 having one criminal case and this case has also been lodged the same day with same allegation.

6. Learned counsel for the State opposes the prayer for bail.

7. Upon specific query made by this Court that whether charge has been framed or not, counsel for the petitioner submits that he is not aware of this fact that charge has been framed or not.

8. In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail two months after framing of charge and on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Raxaul at Motihari in connection with Adapur P.S. Case No. 283 of 2023 subject to the following conditions as well as the conditions laid down under Section 437 (3) of the Cr.P.C.

Patna High Court CR. MISC. No. 5501 of 2024(2) dt.07-02-2024 3/3

9. In the meantime, the prosecution is directed to conclude the evidence.

(Dr. Anshuman, J) Sunnykr/- U