Om Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25355 of 2024 Arising Out of PS. Case No.-178 Year-2023 Thana- KHIRI MORE District- Patna ====================================================== Om Kumar son of Hari Narayan Singh Resident of Village- makhmilpur, 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 10-04-2024
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.
4. 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 accuse as they had demanded ransom of Rs. 5 Lakhs about 4-5 days back and informant had given them Rs. 20,000/- but then the informant could not inform the police, thereafter, it is
Patna High Court CR. MISC. No.25355 of 2024(2) dt.10-04-2024 2/3 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 when the shopkeepers started gathering and the accused were caught who disclosed their name as Suraj and Shankar Kumar.
5. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case based on statement made by a witness Jitendra Kumar who claims to be an owner of a cloth shop and stated that this petitioner few days back had come to his shop and had taken saree, jeans, shirts bed sheets, vest and under garments without paying. It is further submitted that said Jitendra Kumar though alleges that the petitioner indulged in the said act, but then the police was not informed which casts an aspersion on the case of the prosecution. It is further submitted that even apprehended accused Suraj and Shankar have not named the petitioner in their confessional statement, It is also submitted that the mobile number from which the extortion call had come does not belong to the petitioner. It is further submitted that the petitioner will not abscond rather will co-operate in the investigation.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
Patna High Court CR. MISC. No.25355 of 2024(2) dt.10-04-2024 3/3
7. 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 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.
8. One of the bailors of the petitioner shall be his father Hari Narayan Singh.
(Satyavrat Verma, J) Rishabh/- U T