Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25043 of 2024 Arising Out of PS. Case No.-178 Year-2023 Thana- KHIRI MORE District- Patna ====================================================== Prakash Kumar son of Nagendar Singh @ Nageshwar Singh Resident of Village- Shankarpur (wrongly mentioned as Makhmilpur in Impugned Order), P.O.- Shankarpur Imamganj, P.S.- Kinjar, district- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Garg For the Opposite Party/s :

Mr. Lakshmi Kant Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-05-2024

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 386, 387 and 120B of the Indian Penal Code.

3. Learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and has been falsely implicated in the instant case. It is next submitted that the informant alleges that on 21.11.2023 while he was sitting in his shop when two persons on a motorcycle came and asked him why he keeps his mobile on silent and is not picking up the mobile, on which the informant recognized both the accused as they had demanded ransom of Rs. 5 Lakhs about 4-5 days back

Patna High Court CR. MISC. No.25043 of 2024(3) dt.17-05-2024 2/3 and the informant had given them Rs. 20,000/- but then the informant could not inform the police, thereafter, it is alleged that the accused who was talking on mobile threatened that if extortion of Rs. 5 Lakhs is not given, his family would be killed, thereafter the shopkeepers started gathering and the accused were caught, who disclosed their name as Suraj and Shankar Kumar.

4. The learned counsel submits that petitioner has been falsely implicated in the present case based on statement made by witness Jitendra Kumar, who had taken the name of the petitioner and one Om Kumar and Om Kumar has been granted the privilege of anticipatory bail by an order dated 10.04.2024 in Cr. Misc. No.25355 of 2024. Thus, the petitioner seeks anticipatory bail on parity.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6. 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

Patna High Court CR. MISC. No.25043 of 2024(3) dt.17-05-2024 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Khiri More (Imamganj) P.S. Case No. 178 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

7. Further, one of the bailors of the petitioner shall be his father, namely, Nagendar Singh @ Nageshwar Singh. (Satyavrat Verma, J) amit/- U T