Abhishek Kumar Singh @ Abhishekh Kumar @ Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49351 of 2015 Arising Out of PS.Case No. -239 Year- 2014 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Abhishek Kumar Singh @ Abhishekh Kumar @ Abhishek Kumar son of Niranjan Kumar Singh Resident of Village - Chamahi (Chiraiya), P.S. - Shikarkganj, (Chiraiya), District - East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Kuar For the Opposite Party/s : Mr. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 02-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State.

The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 239 of 2014 registered for the offences punishable under Sections 384, 385 and 386 of the Indian Penal Code. Allegedly, on the mobile of the informant a ransom call from mobile no. 7546027887 came demanding Rs. 25,00,000 otherwise the result will be very bad and thereafter, again call was made but the same was not received and then message came demanding the ransom.

Submission is of false implication and the petitioner is not named in the First Information Report, the alleged mobile does not belong to the petitioner, he is not member of any Azad Hind Fauj, no incriminating article has been recovered from possession

Patna High Court Cr.Misc. No.49351 of 2015 (3) dt.02-02-2016 2/2 of the petitioner and only on the basis of confessional statement of Mamta Devi and Akhilesh Kumar Singh, he has been implicated in this case resulting he is suffering in custody since 17.06.2015, co-accused Bhola Kumar has been allowed bail and, as such, the petitioner also deserves sympathetic consideration, to which the learned A.P.P. opposes.

In the facts and circumstances stated above, considering the detention of the petitioner, now he is also directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate, 1st Class, Motihari arising out of Kalyanpur P.S. Case No. 239 of 2014 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J) sushma/- U T