Prabhat Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20642 of 2022 Arising Out of PS. Case No.-5 Year-2020 Thana- GHOSWARI District- Patna ====================================================== PRABHAT KUMAR S/O ISHWAR DASH @ ISHWAR PRASAD Resident of Doctor Colony Mokama, P.S.- Mokama, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arvind Kumar Singh, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 364A and 34 of the Indian Penal Code.

As per the prosecution case, the son of the informant disappeared and was not to be found. Subsequently, the informant states that he received phone calls from the mobile numbers mentioned in the F.I.R. making demand of ransom to the tune of Rs.10 lacs.

It is submitted by learned counsel for the petitioner that the F.I.R. was registered against unknown. The petitioner was falsely implicated in the case in course of investigation in the confessional statement of co-accused Ramnivas Kumar made before police. No incriminating article has been recovered

Patna High Court CR. MISC. No.20642 of 2022(4) dt.11-01-2023 2/2 from the petitioner's possession and the aforesaid Ramnivas Kumar has been enlarged on bail vide order dated 17.11.2021 passed in Cr. Misc. no.61792 of 2021. The petitioner is in custody since 16.1.2020 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the material that has transpired in course of investigation, grant of bail to aforesaid co-accused Ramnivas Kumar on whose confessional statement before the police, the name of the petitioner transpired together with the petitioner having remained in custody for more than 2 years 11 months since 16.1.2020, the Court directs the petitioner to be enlarged on bail in connection with Sessions Trial no.268 of 2021 (arising out of Ghoswari P.S. Case no.5 of 2020) on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge 4th, Barh, District-Patna.

(Partha Sarthy, J) Saurabh/- U T