← Library
Patna High CourtCR. MISC./21038/2024bail granted

Jishu Kumar @ Jisu @ Jishu v. The State Of Bihar

2024-05-17Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21038 of 2024 Arising Out of PS. Case No.-632 Year-2023 Thana- MASAUDHI District- Patna ====================================================== JISHU KUMAR @ JISU @ JISHU S/O DINESH KUMAR @ DINESH SINGH @ TUNTUN R/O BARA, PANDITGANJ, P.S- KADIRGANJ, DISTT.- PATNA.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sneha Kumari For the Opposite Party/s :

Mr.Md. Fahimuddin ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 17-05-2024 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Masaurhi P.S. Case No.632 of 2023 registered for the offence under Sections 504, 506, 385, 386, 387, 307 and 34 of the Indian Penal Code.

3.

As per the prosecution case, accused persons demanded ransom amount of Rs. 10,000/- on mobile phone of the informant's son and also threatened him not to go to police, otherwise he would face dire consequences.

4.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner has falsely been implicated in the present case. It is submitted that due to

Patna High Court CR. MISC. No.21038 of 2024(3) dt.17-05-2024 2/3 previous enmity with the son of the informant, the petitioner has been implicated in this case. It is submitted that similarly situated co-accused person has already been granted bail by this Court through Cr. Misc. No.25029 of 2024 on 08.04.2024. It is further submitted that petitioner is in custody since 08.12.2023. 5.

Learned APP appearing for the State, opposes the prayer for bail of the petitioner. 6.

Considering the facts and circumstances and submissions made on behalf of the petitioner and as the allegation against the petitioner and other accused persons is of demand of extortion money and threatened to commit death by telephone call, where, charge-sheet has already been submitted in this case and there is no any chance of tampering with the evidence, let the petitioner, above named, is directed to be released on bail, after framing of the charge, in connection with Masaurhi P.S. Case No.632 of 2023 on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M., Masaurhi, Patna subject to the condition that one of the bailors of the petitioner shall be close relative of the petitioner. 7.

The trial court is directed to conclude the proceeding of framing of charge according to law within a

Patna High Court CR. MISC. No.21038 of 2024(3) dt.17-05-2024 3/3 period of 15 (fifteen) days from the date of receipt of a copy of this order. However, it is made clear that if the charge-sheet has not been submitted then the above named petitioner shall be released on bail on furnishing bail bond with further condition that the petitioner have to present physically on each and every date before the Trial Court till conclusion of trial and if the petitioner would absent for two consecutive dates without any cogent reason, the bail bonds of the petitioner shall be cancelled by the learned trial court itself.

(Ramesh Chand Malviya, J) S.Katyayan/- U T