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Patna High CourtCR. MISC./20286/2023allowed

Chandan Kumar v. The State Of Bihar

2023-08-21Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20286 of 2023 Arising Out of PS. Case No.-22 Year-2022 Thana- BHADHWAR District- Gaya ====================================================== Chandan Kumar Son Of Rajendra Mahto Resident Of Village - Barwadih, P.S.- Bhadwar, District - Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md. Javed Jafar Khan For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-08-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 379, 411, 386, 506 of the Indian Penal Code and Sections 25(1-B) a, 26, 35 of the Arms Act. The prosecution case as per F.I.R is that the petitioner had stolen a motor which was recovered from his house by the informant and after recovery the petitioner along with other co-accused persons

Patna High Court CR. MISC. No.20286 of 2023(4) dt.21-08-2023 2/3 demanded ransom amount of Rs. 50,000/- from the informant and threatened of dire consequences, if demand is not fulfilled. On the alleged date of occurrence, two persons armed with country made riffles stopped the informant and demanded ransom amount which were apprehended with the help of the villagers. It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner was not apprehended from the spot. Nothing has been recovered from the conscious possession of the petitioner. There is no documentary proof to show that informant has paid any ransom amount to anyone. The petitioner has no concern with the apprehended accused persons. The petitioner is languishing in custody since 12.12.2022. Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount

Patna High Court CR. MISC. No.20286 of 2023(4) dt.21-08-2023 3/3 each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sherghati, Gaya in connection with Bhadwar P.S. Case No. 22 of 2022.

(Sunil Kumar Panwar, J) Shageer/- U T