Sujeet Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23896 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- BIKRAM District- Patna ====================================================== Sujeet Kumar, Gender-Male, Aged about 21 years, S/o Manoj Kumar Saw, R/o Ambedkar Path, Rajak Market, B.V. College, Daudpur Water Tank, P.SShahpur, Distt.- Patna. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party :

Mr. Shahabuddin Azeem @ S. Azeem, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 23-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bikram P.S. Case No. 57 of 2023 dated 03.02.2023, instituted for the offence punishable under Sections 364A, 386 and 34 of the Indian Penal Code.

3. The prosecution case, in short, is that on 03.02.2023 at about 06:00 pm, five to six unknown persons who claimed to be Officers of Excise Department came and took away the informant's uncle by Scorpio. Thereafter, it is alleged that they demanded Rs. 80,000/- for releasing of his uncle. On suspicion, the informant lodged an F.I.R. against five to six unknown persons.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that the petitioner is not named in

Patna High Court CR. MISC. No.23896 of 2023(2) dt.23-05-2023 2/2 the First Information Report. On the confessional statement of co-accused, namely, Tarun Kumar, the name of the petitioner transpired in this case. No incriminating articles have been recovered from the conscious possession of the petitioner. Further, it is submitted that another co-accused, namely, Tarun Kumar has already been granted bail by a Co-ordinate Bench of this Court vide Order dated 18.05.2023 passed in Criminal Miscellaneous No. 24175 of 2023. Lastly, it has been submitted that the petitioner is in custody since 04.02.2023 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 2nd Danapur, Patna in Bikram P.S. Case No. 57 of 2023.

(Khatim Reza, J) Gaurav Kumar/- U T