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Patna High CourtCR. MISC./13691/2023allowed

Sumit Kumar @ Sumit Singh @ Rajtilak Singh @ Rajtilak v. The State Of Bihar

2023-08-01Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13691 of 2023 Arising Out of PS. Case No.-216 Year-2017 Thana- RAXAUL District- East Champaran ====================================================== Sumit Kumar @ Sumit Singh @ Rajtilak Singh @ Rajtilak S/O Ashok Singh R/O Village- Tajiyapur, P.S- Pipra, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhishek Kumar, Advocate For the Opposite Party/s :

Mr.Sharda Kumari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 01-08-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 387, 307, 120B, 34 of the IPC and Section 27 of the Arms Act, Charge-sheet has been submitted under Sections 307, 120B, 324, 34 of the IPC and Section 27 of the Arms Act.

3. As per prosecution case, the allegation against F.I.R, named accused persons is that they demanded Rs. 50,00,000/-(Fifty Lakh Rupees) from the informant as ransom money and they also threatened him of dire consequences, if he will not pay the same.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.13691 of 2023(4) dt.01-08-2023 2/2 the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on the basis confessional statement of co-accused. Neither the petitioner is named in the FIR nor any incriminating article has been recovered from his conscious possession. It is further submitted that demand of ransom money is not executed. The petitioner is languishing in judicial custody since 07.01.2022.

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

6. 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 Raxaul P.S. Case No. 216 of 2017 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Raxaul, Motihari, East Champaran.

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