Amrit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19241 of 2021 Arising Out of PS. Case No.-443 Year-2020 Thana- MUFFASIL District- West Champaran ====================================================== Amrit Kumar S/O Ramsevak Ram Resident of Baswariya Ambedkar Colony, Ward No 31, P.S- Nagar, Bettiah, Dist- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Anjali Kumari, Adv.

For the Opposite Party/s :

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 10-05-2022 Heard Ms. Anjali Kumari, learned advocate for the petitioner and learned Additional Public Prosecutor representing the State.

The petitioner seeks bail in anticipation of his arrest in connection with Bettiah Muffasil P.S. Cases No. 443 of 2020 dated 22.07.2020 instituted for the offences under Sections 384, 385, 506 of the Indian Penal Code.

The Informant and his wife are said to have received a telephonic call with a telephone no. 9117935515. The caller asked the Informant to read the envelope which had been thrown in his house. The envelope contained a demand of Rs. 3 lacs.

The learned counsel for the petitioner submits that the mobile number does not belong to him. In fact, he has been

Patna High Court CR. MISC. No.19241 of 2021(3) dt.10-05-2022 2/2 named by one Nitesh Kumar, who was apprehended in this case. Thus, for all practical purposes the only allegation against the petitioner is the confession of an arrested accused person without there being any foundational fact for raising suspicion against him as well.

The petitioner earlier was made accused in a case involving Section 399 and 402 of the I.P.C. and Excise Act respectively but, in both the cases, the petitioner has been on bail.

The case diary does not indicate anything otherwise than what has been stated above.

For the reason aforestated, the provisional bail granted to the petitioner by order dated 01.04.2022 is hereby confirmed. The petitioner shall remain on the same bail bonds. The petition stands disposed of.

(Ashutosh Kumar, J) rishi/- U T