Lavkush Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24622 of 2021 Arising Out of PS. Case No.-176 Year-2019 Thana- PALIGANJ District- Patna ====================================================== LAVKUSH SHARMA SON OF SRI DAYANAND SINGH R/O VILLAGEKALYANPUR, P.S.- PALIGANJ, DIST.- PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Chhote Lal Mishra For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 14-02-2022 Due to the third wave of COVID-19 Pandemic, the matter is being taken up by way of virtual Court proceeding. The matter has been listed under the heading "For Orders" under the orders of Hon'ble the Chief Justice. Heard learned counsel for the petitioner and the State through virtual mode.

The petitioner is apprehending his arrest in Paliganj P.S. Case No. 176 of 2019 registered for the offence under Sections 385 and 387 of the Indian Penal Code.

Allegedly, some unknown persons demanded the ransom amount of Rs. 5,00,000/- from the informant on mobile phone. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the

Patna High Court CR. MISC. No.24622 of 2021(2) dt.14-02-2022 2/3 present case. The petitioner is not named in the F.I.R. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of co-accused recorded under Section 161 Cr.P.C. Except for this, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

On behalf of the State, it is submitted that the petitioner is not named in the Complaint Case/F.I.R.

It is necessary to indicate here that this Court while considering the prayer made in the present anticipatory bail application has taken note of the exponential rise in number of covid cases due to outbreak of third wave of Covid-19 pandemic. Further this Court can also not lose sight of the fact that the condition of jails is not conducive and suitable to the present situation which has arisen due to the sudden rise in covid cases.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Sub Divisional Judicial Magistrate, Danapur in connection with Paliganj P.S.

Patna High Court CR. MISC. No.24622 of 2021(2) dt.14-02-2022 3/3 Case No. 176 of 2019 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T