Bhim Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22401 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- BIKRAM District- Patna ====================================================== 1.
Bhim Kumar Singh Son Of Ram Jatan Singh R/O Babupur, P.S.- Naubatpur, District- Patna, No.2 Presently R/O Renter Of The House Of Late Harendra Singh, P.S.- Rupaspur, District- Patna 2.
Suraj Kumar Son Of Nagendra Singh R/O Babupur, P.S.- Naubatpur, District- Patna, No.2 Presently R/O Renter Of The House Of Late Harendra Singh, P.S.- Rupaspur, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bimlesh Kumar Pandey For the Opposite Party/s :
Mr.Shahabuddin Azeem @ S. Azeem ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-07-2023 As prayed for, learned counsel for the petitioners are permitted to make necessary correction in cause title of the application in course of the day.
2. Heard learned counsel for the petitioners and learned APP for the State.
3. The petitioners have prayed for bail in a case instituted for the offence under Sections 364A, 386,34 of the Indian Penal Code.
4. As per allegation in the FIR, on 3.2.2023 at about 6:pm, 5-6 unknown persons who claimed to be the officers of Excise Department, came and took away the
Patna High Court CR. MISC. No.22401 of 2023(3) dt.24-07-2023 2/3 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 FIR against unknown persons.
5. It is submitted by learned counsel for the petitioners that petitioners have been falsely implicated in this case. They have committed no offence. FIR is against unknown. Only on the basis of suspicion, co-accused Tarun Kumar was apprehended and on his confessional statement, the names of petitioners have been dragged in the present case. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 23.05.2023 passed in Cr. Misc. No. 23896 of 2023. Petitioners have got no criminal antecedent and both are languishing in judicial custody since 4.2.2023.
6. The application for bail is opposed by learned APP for the State.
7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail
Patna High Court CR. MISC. No.22401 of 2023(3) dt.24-07-2023 3/3 on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned ACJM 2nd Danapur in connection with Vikram P.S. Case No. 57 of 2023.
(Sunil Kumar Panwar, J) sushma/- U