Ravi Kant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5543 of 2022 Arising Out of PS. Case No.-737 Year-2019 Thana- KADAMKUAN District- Patna ====================================================== Ravi Kant Kumar, Son Of Rambabu Paswan, R/O Village- Jaitipur, P.S.- Gaurichak, District- Patna ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhay Kumar, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 09-11-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect(s), if any, as pointed out by the office be removed within four weeks from today.
In the present case, the petitioner seeks bail in connection with Kadamkuan P.S. Case No. 737 of 2019, registered for the alleged offences under Sections 385 and 387 of the Indian Penal Code.
As per prosecution case, the unknown miscreants demanded Rs. 20 lacs as extortion money from the informant and in case of non-fulfillment of demand, threatened him with dire consequence. During investigation, the name of the petitioner surfaced as one of the miscreants who was involved in demanding extortion money from the informant.
Patna High Court CR. MISC. No.5543 of 2022(3) dt.09-11-2022 2/3 The learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case on the basis of confessional statement of the petitioner recorded by the police in some other case, but the said confessional statement has got no legal value. Thereafter, no substantive material has come up during investigation showing involvement of the petitioner in the instant case. The co-accused Sonu Kumar Chaudhary has been granted bail by a Coordinate Bench of this Court vide order dated 10.05.2022 passed in Cr. Misc. No.62034 of 2021. The petitioner is in custody since 15.02.2021. The charge sheet has been submitted in this case. Learned APP opposes the prayer for bail submitting that the informant in his restatement and witnesses examined during investigation have named this petitioner showing their suspicion that he was involved in the occurrence. Moreover, the petitioner is having criminal antecedent and he is a habitual offender.
Perused the records.
Having regard to the facts and circumstances and submissions made here-in-above and considering the period of custody of the petitioner along with submission of charge sheet, the petitioner above named is directed to be released on bail on
Patna High Court CR. MISC. No.5543 of 2022(3) dt.09-11-2022 3/3 furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-X, Patna, in connection with Kadamkuan P.S. Case No. 737 of 2019, subject to the conditions mentioned in Section 437(3) of the Code of Criminal Procedure and also the following conditions : (i) The bail bond of the petitioner will be accepted only after framing of charge, if not already framed.
(ii) One of the bailors will be a close relative of the petitioner.
(iii) The petitioner will remain present on each and every date fixed by the court below. (iv) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) V.K.Pandey/- U T