Prince Kumar @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14714 of 2020 Arising Out of PS. Case No.-229 Year-2019 Thana- SHEOHAR District- Sheohar ====================================================== PRINCE KUMAR @ KRISHNA KUMAR Son of Awdhesh Kumar Singh Resident of Village - Madhopur Anant, P.S.- Sheohar, District- Sheohar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjai Kumar Singh For the Opposite Party/s :

Mr.Aditya Narayan Singh.1 Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-07-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and Ms. Anita Kumari Singh, the learned APP for the State.

This is an application for grant of anticipatory bail in connection with Sheohar P.S. Case No. 229 of 2019 registered for the offence punishable under Sections 384, 504 and 506 of the Indian Penal Code.

Patna High Court CR. MISC. No.14714 of 2020(2) dt.07-07-2020 2/3 The case of the prosecution in brief is that on 27.9.2019 at about 5:00 PM. in the evening, the informant is stated to have received a message on his mobile to immediately give a sum of Rs. 15,000,00/-, failing which dire consequences would follow. Again, in the night at about 8:00 PM., a call was received by the informant and the informant was threatened to pay a sum of Rs. 15,00,000/- within one week, failing which dire consequences would follow. It is alleged that again, on 28.9.2019 at about 11:00 PM. in the night, the informant had received a similar type of call.

The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is having a clean antecedent. It is further submitted that there is no material on record of the case to suggest the complicity of the petitioner in the alleged crime, except the confessional statement of the co-accused person.

Per contra, the learned APP has vehemently opposed the prayer for bail.

Patna High Court CR. MISC. No.14714 of 2020(2) dt.07-07-2020 3/3 Having regard to the facts and circumstances of the case, considering the submissions made by the leaned counsel for the petitioner and taking into account the fact that the petitioner is having a clean antecedent and there is no direct allegation as against the petitioner herein, I deem it fit and proper to admit the petitioner to the privilege of anticipatory bail.

Accordingly, the petitioner is directed to be enlarged on anticipatory bail, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Sheohar in connection with Sheohar P.S.Case No. 229 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Mohit Kumar Shah, J) Ajay/- U T