Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17512 of 2023 Arising Out of PS. Case No.-477 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. Murli Dhar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 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 section 386 of the Indian Penal Code.

As per FIR, allegation against the petitioner is that he along with other co-accused persons entered into criminal conspiracy and demanded Rs. 20 lacs as extortion amount from the informant who is working as a cloth merchant. 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 implicated in this case on the basis of confession made by co-

Patna High Court CR. MISC. No.17512 of 2023(2) dt.12-05-2023 2/2 accused namely, Mritunjay Kumar, before the police which has got no evidentiary value in the eye of law. It is further submitted that the alleged mobile number from which the call for extortion has been made, does not belong to the petitioner. The ransom amount has not been executed. Moreover, the petitioner is languishing in judicial custody since 3.11.2022. 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. 477 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 Additional Chief Judicial Magistrate-X, Gaya. (Sunil Kumar Panwar, J) Amandeep/- U T