Nishant Kumar @ Pintu Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23271 of 2024 Arising Out of PS. Case No.-224 Year-2020 Thana- KOPA District- Saran ====================================================== Nishant Kumar @ Pintu Singh S/o Chandeshwar Singh R/o vill - Chatra, P.S. - Kopa, Distt. - Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar For the Opposite Party/s :
Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-07-2024
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Kopa Police Station Case No. 224 of 2020, dated 04.12.2020, disclosing offences under Section 364(A) of the Indian Penal Code.
3. The prosecution case, registered on the basis of Fardbayaan of one Deepak Kumar, is that he along with three friends, namely, Harsh Pravin Kumar and Sudhir Kumar, had come to Chapra, Bihar, from Haryana and stayed at Raj Hotel, Chapra. It has further been stated that one Hari Bhushan Singh, who was familiar to one of his friends Sudhir Kumar, took the informant and his friends in a swift car to the poultry farm of one Vikash Singh
Patna High Court CR. MISC. No.23271 of 2024(3) dt.26-07-2024 2/3 situated in village Samhouta and therafter, they were made captive and all the accused persons, named in the First Information Report, started demanding ransom from Sudhir Kumar and also assaulted him. The accused persons took Sudhir Kumar with them from the poultry farm. Two of the friends of the informant managed to escape from the poultry farm and reached to Kopa Police Station and informed the police about the occurrence.
4. Learned Counsel for the petitioner submits that the petitioner is not named in the First Information Report and has been implicated in this case due to some dispute regarding business between informant and the co-accused persons. The name of the petitioner has come on the basis of confessional statement of the co-accused Suman Singh and Guddu Singh, who are named in the First Information Report. The informant has disclosed the name of the accused persons specifically, but name of the petitioner has not been disclosed in the First Information Report. He further submits that Suman Singh and Guddu Singh have been granted regular bail by this Court in Cr. Misc. 43153 of 2021 and 32160 of 2021. The petitioner has no criminal antecedent.
Patna High Court CR. MISC. No.23271 of 2024(3) dt.26-07-2024 3/3
5. Regards being had to the submissions made on behalf of the parties and taking into consideration the fact that the petitioner is not named in the First Information Report and his name has transpired on the basis of confessional statement of co-accused Suman Singh and Guddu Singh, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional District Judge-I, Saran at Chapra, in connection with Kopa Police Station Case No. 224 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T