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Patna High CourtCR. MISC./24590/2021allowed

Suraj Kumar Malakar @Kunal Kumar @Somu@Sonu v. The State Of Bihar

2021-07-16Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24590 of 2021 Arising Out of PS. Case No.-633 Year-2018 Thana- KOTWALI District- Patna ====================================================== SURAJ KUMAR MALAKAR @KUNAL KUMAR @SOMU@SONU, Son of Gopal Prasad, Resident of Village - L-1/45, Shri Krishnapuri Boring Road, P.S.- Shri Krishnapur, Dist.- Patna.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Kamlendra Pd. Singh, Adv.

For the Opposite Party/s :

Mr.Pradeep Narayan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 16-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. Learned counsel for the petitioner undertakes to remove the defects as pointed out by the office within four weeks of normal functioning of the court, failing which the office is directed to place the matter before the Bench. The petitioner seeks bail in a case registered for the offence punishable under Sections 342, 386, 506/34 of the Indian Penal Code.

Prosecution case in brief, is that the informant had gone to offer tender on 18.09.2018 where the petitioner asked him to talk to one Bindu Singh on phone and the said Bindu

Patna High Court CR. MISC. No.24590 of 2021(2) dt.16-07-2021 2/3 Singh demanded Rs. 2 lacs per month as ransom in lieu of working on the said contract and when the informant opposed the petitioner and his accomplice, they pointed pistol on his temple and snatched a chain and a bracelet.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that the petitioner has remanded in another case and he had arrested on the spot. The petitioner is languishing in judicial custody since 21.12.2020. The petitioner has got one criminal antecedent which is mentioned in para 3 of the bail petition. Charge-sheet has been submitted against the petitioner. The similarly situated co-accused, namely, Gautam Kumar has been granted bail by a co-ordinate Bench of this Court vide order dated 23.01.2019 passed in Cr. Misc. No.2889/2019.

Learned APP for the State opposes the prayer for bail of the petitioner.

Considering the aforesaid facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each in connection with Kotwali P.S. Case No. 633/2018 to the

Patna High Court CR. MISC. No.24590 of 2021(2) dt.16-07-2021 3/3 satisfaction of learned Court below where the case is pending/ successor court.

(Anjani Kumar Sharan, J) amitkumar/- U T