Bikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2621 of 2022 Arising Out of PS. Case No.-53 Year-2021 Thana- NAUBATPUR District- Patna ====================================================== BIKASH KUMAR Son of Bajrangi Prasad Sharma @ Bajrangi Sharma Resident of Village - Simra, P.S.- Janipur, Dist. - Patna. ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar, Adv.

For the Opposite Party/s :

Mrs.Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 25-05-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Naubatpur P.S. Case No. 53 of 2021 registered for the offences punishable under Sections 386, 385 and 387 of the Indian Penal Code read with Sections 25(1-b)a, 26 and 27 of the Arms Act. The learned counsel for the petitioner submits that the petitioner is in custody since 23.01.2021, charge-sheet has been submitted in the case and has antecedent of seven cases and allegation is of recovery of one country made pistol with one empty and two live cartridges from the possession of the petitioner who was threatening the shopkeepers for extortion. The learned counsel submits that the petitioner has been falsely implicated in the present case because of his

Patna High Court CR. MISC. No.2621 of 2022(2) dt.25-05-2022 2/2 antecedents though it is alleged that he was threatening the shopkeepers for extortion but the FIR was not instituted by any shopkeeper alleging that the petitioner was trying to extort money from them, nor it is the case of the prosecution that any extortion amount was paid.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 23.01.2021, charge-sheet has been submitted in the case and the FIR was not instituted by any shopkeeper nor any extortion amount was paid, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Naubatpur P.S. Case No. 53 of 2021 with a condition that one of the bailor of the petitioner shall be his father Bajrangi Prasad Sharma @ Bajrangi Sharma.

(Satyavrat Verma, J) shahzad/- U T