Rohit Kumar @ Fighter v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77860 of 2019 Arising Out of PS. Case No.-77 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== SWETANK KUMAR S/o Gudakesh Prasad Singh R/o village- Dhanaur, P.S.- Katra, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 5713 of 2020 Arising Out of PS. Case No.-77 Year-2019 Thana- KATRA District- Muzaffarpur ====================================================== ROHIT KUMAR @ FIGHTER S/ Chhotan Singh @ Chotan Singh R/o village- Dhanaur, P.S.- Katra, District- Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 77860 of 2019) For the Petitioner/s :
Mr.Sunil Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Awadhesh Kumar Singh, APP (In CRIMINAL MISCELLANEOUS No. 5713 of 2020) For the Petitioner/s :
Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 29-05-2020 Both the aforesaid applications arise out of Katra P.S. Case No. 77 of 2019, registered under Section 387 of Indian Penal Code. Therefore, both the aforesaid applications have been heard together and are being disposed of by this common order.
Heard learned counsel for the petitioners and the learned A.P.P. for the State through video conferencing. The petitioners seek bail in connection with Katra
Patna High Court CR. MISC. No.77860 of 2019(4) dt.29-05-2020 2/3 P.S. Case No. 77 of 2019, registered under Section 387 of Indian Penal Code.
The accusation is that on 26.03.2019 at about 4.00 P.M. ransom of Rs. Five Lakh was demanded to the informant Bhagwan Choudhary through mobile No. 9319326131. On 28.03.2019, in the morning, call was again received giving threatening for dire consequences in case of non-payment of ransom.
Submission is that both the petitioners have criminal antecedent and due to that reasons, Police has implicated the petitioners in this case mere on suspicion only on the disclosure of their names by the spy. In course of investigation, the I.O of the case received information about gathering of three miscreants near the river. Thereafter, investigating officer along with other Police personnel went there then three persons, on seeing the Police party, succeeded to flee away. The local people disclosed the name of petitioners and one Alok Ranjan, who succeeded to flee away. In course of investigation, it has come that on the application form of the SIM number, as detailed in F.I.R, the photograph of the petitioner Swetank Kumar (petitioner in Criminal Miscellaneous No. 77860 of 2019) was found pasted, but it is
Patna High Court CR. MISC. No.77860 of 2019(4) dt.29-05-2020 3/3 not detailed in the whole case diary that to whom the SIM was allotted. Further submission is that both the petitioners are in custody since 15.10.2019 and 30.11.2019, respectively. Having regard to the facts and the circumstances of the case, the petitioners, above named, are directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M-XIV-cum-Sub Judge, Muzaffarpur in connection with Katra P.S. Case No. 77 of 2019. One of the sureties must be parents/close relative of the petitioners.
Let Sri Nand Kishore Prasad, learned A.P.P. appearing for State in this case return the case diary in the office as and when possible.
(Rajendra Kumar Mishra, J) manish/- U T