Patna High CourtCR. MISC./12313/2023allowed

Ashutosh Kumar @ Abhishek Kumar v. The State Of Bihar

2023-05-16Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12313 of 2023 Arising Out of PS. Case No.-97 Year-2022 Thana- CHHATAUNI District- East Champaran ====================================================== Ashutosh Kumar @ Abhishek Kumar Son Of Manoj Tiwari @ Manoj Kumar Tiwari R/O Vill.- Gawandra Tola Sihorwa, P.S.- Chakiya, Distt.- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar For the Opposite Party/s :

Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under section 386 of the Indian Penal Code.

As per allegation in the FIR, the informant received call on his mobile for ransom demand of Rs. 30 lakh and he was also threatened to dire consequences. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis of confessional statement of co-accused. The petitioner is not named in the FIR nor demand of ransom money was

Patna High Court CR. MISC. No.12313 of 2023(2) dt.16-05-2023 2/2 recovered from the possession of the petitioner. Similarly situated co-accused has already been granted bail by this Court vide order dated 27.04.2023. It is further submitted that the petitioner is languishing in judicial custody since 20.07.2022.

Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chhatauni P.S. Case No. 97 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, East Champaran, Motihari.

(Sunil Kumar Panwar, J) Manishkumar/- U T