Patna High CourtCR. MISC./26595/2020bail granted

Om Prakash Kumar v. The State Of Bihar

2020-10-14Mr. Justice Anil Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26595 of 2020 Arising Out of PS. Case No.-153 Year-2019 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== OM PRAKASH KUMAR Son of Ashok Singh Resident of Village - Pratap Sagar Ward No.- 12, P.S.- Dumraon, District - Buxar, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Surendra Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 14-10-2020 Heard Mr. Surendra Kumar Singh, learned counsel for the petitioner and Mr. Iftekhar Mahmood, Additional Public Prosecutor for the state through video conferencing.

2. Petitioner seeks regular bail in connection with (Buxar) Industrial PS Case No. 153/2019 registered for the offence punishable under Sections 386, 504 and 506 of the IPC.

3. The allegation against the petitioner, as per First Information Report, is that the informant received a call on his mobile from mobile no. 8176907943 and the caller demanded a sum of Rs. 2 Lacs from informant by giving him threat of dire consequences.

4. Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged inasmuch one Sunil Singh @ Bablu was arrested and the name of the petitioner has been dragged on the basis of the

Patna High Court CR. MISC. No.26595 of 2020(2) dt.14-10-2020 2/3 confessional statement of the said Sunil Singh @ Bablu who has stated that the mobile phone, through which the call was made, belongs to mother of the petitioner.

5. Learned counsel submits that the co-accused Sunil Singh @ Bablu has been granted bail by this Court in Cr. Misc. No. 24307/2020 on 24.09.2020 and the petitioner is in custody for since 21.10.2019.

6. Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that that petitioner has remained in custody since 21.10.2019 and similarly situated co-accused has been granted bail by this Court, I am inclined to grant regular bail to the petitioner subject to the condition that the petitioner will not commit the same offence in future.

7. Accordingly, let the petitioner, OM PRAKASH KUMAR be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-12th Buxar in connection with (Buxar) Industrial PS Case No. 153/2019.

8. It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding

Patna High Court CR. MISC. No.26595 of 2020(2) dt.14-10-2020 3/3 lockdown and social distancing.

(Anil Kumar Sinha, J) perwez U T