Awanish Kumar @ Cigarette Singh @ Awanish Raj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21336 of 2021 Arising Out of PS. Case No.-260 Year-2017 Thana- KESARIA District- East Champaran ====================================================== Awanish Kumar @ Cigarette Singh @ Awanish Raj S/O Kunj Bihari Thakur R/O Village-Khajuriya, P.S.-govindganj, District-East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Prasad Singh- Sr. Advocate For the Opposite Party/s :

Mr. Anil Prasad Singh- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-11-2021 Heard learned senior counsel appearing for the petitioner as well as learned Additional Public Prosecutor for the State.

Petitioner seeks bail in connection with Kesariya P. S. Case No.260 of 2017 registered for the offences punishable under Sections 387 of the I.P.C.

From bare perusal of the allegation as alleged in the F.I.R., it would manifest that the informant Ravindra Dubey @ Lulha Dubey gave a written application before S.H.O. of Kesariya Police Station alleging that on 15.09.2017 at 12.20 P.M., he received a call on his mobile bearing no.9801381835 from mobile bearing no.8521308234 and the person introduced himself as Kunal Singh, who demanded Rs. Five Lakh as ransom or to face the dire consequences.

Patna High Court CR. MISC. No.21336 of 2021(2) dt.16-11-2021 2/3 Learned Senior counsel for the petitioner submits that no demand of ransom was paid. The petitioner is not named in the F.I.R. and his name has come in the confessional statement of Kunal Singh and Deva Gupta. It has further been submitted that the earlier number for which the ransom call was received does not belong to him.

Learned A.P.P. vehemently opposes the prayer and submits that in Para-3, the criminal antecedents of the petitioner has been mentioned from which it would manifest that seven cases have been instituted against them, on which the learned Senior counsel submits that the petitioner has been made accused in all those cases, but as far as the present case is concerned, he is not named in the F.I.R. nor he had demanded the ransom nor any ransom was paid and is languishing in jail custody since 23.07.2019 and charge-sheet has been submitted. Considering the custody of the petitioner and petitioner is not named in the F.I.R. nor any ransom has been paid and charge-sheet has been submitted in this case, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-3, East Champaran, Motihari in connection

Patna High Court CR. MISC. No.21336 of 2021(2) dt.16-11-2021 3/3 with Kesariya P. S. Case No.260 of 2017.

(Satyavrat Verma, J) vikash/- U T