Prashant Kumar @ Prakash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21661 of 2023 Arising Out of PS. Case No.-755 Year-2021 Thana- KANTI District- Muzaffarpur ====================================================== PRASHANT KUMAR @ PRAKASH SINGH Son of Harinath Singh Resident of Village-Tilaktajpur, P.S.-Runni Saidpur, District-Sitamarhi, Pin Code-843316 (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 341, 323, 379, 364(A), 120(B) and 34 of the Indian Penal Code. The informant alleges that on 26.11.2021 at about 7:00 PM, he received a telephonic information that his father has been kidnapped and the kidnappers are asking a ransom of Rs. 21,00,000/-.
Learned counsel for the petitioner submits that the petitioner has antecedent of two cases, it is next submitted that petitioner has been falsely implicated in the present case based on confessional statement of Sanjeev Kumar, it is next
Patna High Court CR. MISC. No.21661 of 2023(2) dt.04-07-2023 2/3 submitted that the victim has returned and he has not taken the name of the petitioner neither in his statement before the police nor in his statement recorded under Section 164 Cr.P.C. However, it is submitted that petitioner will not abscond rather will cooperate in the investigation and will present himself as and when required by the investigating office of the case for eliciting the truth.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kanti Police Station P.S. Case No. 755 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. However, it is made clear that in the event, if the investigating officer of the case files an application bringing to the notice of the learned Trial Court that petitioner despite
Patna High Court CR. MISC. No.21661 of 2023(2) dt.04-07-2023 3/3 giving assurance to this Court is not cooperating in the investigation or is not presenting himself when called for, the learned Trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
Let a copy of this order be sent to the concerned P.S. through the learned Trial Court.
(Satyavrat Verma, J) GauravSinha/- U T