Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25123 of 2023 Arising Out of PS. Case No.-473 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== Rohit Kumar S/O Pramod Prasad R/O Village- Neemchak, P.S -Kashichak, Distt- Nawada(Bihar) At Present Resident Of New Colony Mahadev Asthan, Shekhpura, P.S- Shekhpura, Distt.- Shekhpura(Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dhananjay Kumar Tiwary For the Opposite Party/s :

Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 23-05-2023 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 sections 334, 307, 387, 34 of the Indian Penal Code and Section 27 of Arms Act. As per prosecution case, the informant alleged that a call was come by name of one Naresh Singh who demanded Rs. 20 lacs as extortion. After denial the same, two persons came at enterprises of the informant and fired five round in which one staff namely Kamlesh Singh sustained injury.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been

Patna High Court CR. MISC. No.25123 of 2023(2) dt.23-05-2023 2/2 implicated in this case on the basis of confessional statement of co-accused namely, Md. Suhain Ansari during course of investigation of Fatehpur P.S. Case No. 465 of 2022 & 477 of 2022. The alleged mobile number from which the call has been made for extortion, does not belong to this petitioner. The alleged extortion money has been been executed. It is further submitted that the petitioner is languishing in judicial custody since 23.11.2022.

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 Fatehpur P.S. Case No. 473 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 A.C.J.M.-X, Gaya.

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