Ashutosh Kumar @ Santosh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15994 of 2020 Arising Out of PS. Case No.-433 Year-2019 Thana- NAUBATPUR District- Patna ====================================================== ASHUTOSH KUMAR @ SANTOSH KUMAR Son of Sri Jitendra Singh @ Jitendra Narayan @ Jitendra Narayan Sharma Resident of Village - Chesi, P.S.- Naubatpur, Dist.- Patna.

... ... Petitioner.

Versus

THE STATE OF BIHAR ... ... Opposite Party.

====================================================== Appearance :

For the Petitioner :

Mr. Birendra Sharma, Advocate.

For the State :

Mr. Ajay Kumar No.2, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 04-06-2020 Heard learned counsel for the petitioner and the learned A.P.P. for the State through Video Conferencing. The petitioner seeks bail in connection with Naubatpur P.S. Case No.433 of 2019 registered under Sections 386, 387, 504, 506 and 120B of the Indian Penal Code besides Section 27 of the Arms Act.

The accusation is that on 25.06.2019 at about 03.00 P.M., Gulab Sharma, son of Lalan Sharma, of village-Chesi, son of Nepali Singh, of village-Aropur, and Pintu Ram of village-Hussainchak along with three other miscreants, all aged about 18 to 20/22 years, came on two motorcycles in front of the shop of the informant. Thereafter, Gulab Sharma and the son of Nepali Singh pointed the pistol at the informant making demand of ransom of Rs.1,00,000/-. Thereafter, they moved at the shop of Rupesh Sao and also made demand of ransom there. Earlier, the demand of ransom was also

Patna High Court CR. MISC. No.15994 of 2020(2) dt.04-06-2020 2/2 made by them.

Learned counsel appearing on behalf of the petitioner submits that the petitioner is not named in the F.I.R. In course of investigation, the name of the petitioner surfaced in the confessional statement of the F.I.R. named accused. The petitioner, in the present case, is in custody since 08.08.2019 but he has not been put on T.I. Parade till date, while the informant has detailed the physique of the culprits in the F.I.R. In fact, the petitioner is accused in six other cases, as detailed in paragraph-3 to this application, due to that reason, the police implicated the petitioner in the present case showing his name in the confessional statement of the F.I.R. named accused.

Having regard to the facts and the circumstances of the case, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-II, Danapur, Patna, in connection with Naubatpur P.S. Case No.433 of 2019. Out of the two sureties, one must be either parents or the close relative of the petitioner.

(Rajendra Kumar Mishra, J) P.S./- U T