Sumant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18274 of 2020 Arising Out of PS. Case No.-342 Year-2019 Thana- KUCHAIKOTE District- Gopalganj ====================================================== SUMANT KUMAR Son of Late Amarjeet Yadav Resident of Village - Tirbirwa, P.S. and Dist.- Gopalganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Kumar Singh For the Opposite Party/s :

Mr.Akhileshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 04-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and the learned APP appearing for the State. The petitioner seeks regular bail in connection with Kuchaikot P.S. Case No. 342 of 2019 for the offence punishable under Section 387 of the Indian Penal Code. The allegation is regarding unknown person having called on the mobile of the informant and having demanded a sum of Rs. 10 lakh by way of extortion money. It is also alleged that the said unknown person, who had called on a mobile phone of the informant, had also informed him that few

Patna High Court CR. MISC. No.18274 of 2020(2) dt.04-06-2020 2/3 days back, gun shot has been fired at the shop of the informant by way of warning.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is an accused in two other cases, but he is on bail in said cases as also has been remanded in the present case on 22.11.2019 although he is languishing in custody since 24.10.2019. It is further submitted that there is no evidence on record to suggest the complicity of the petitioner in the alleged offence.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for bail.

Considering the facts and circumstances of the case, the submissions made by the learned counsel for the petitioner and taking into account the fact that in fact no crime has been committed inasmuch as no amount of cash money has been extracted from the informant, I deem it fit and proper to direct for release of the petitioner on regular bail. According, the petitioner, above named, is directed to be released on regular bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate

Patna High Court CR. MISC. No.18274 of 2020(2) dt.04-06-2020 3/3 VII, Gopalganj in connection with Kuchaikot P.S. Case No. 342 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U