Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25125 of 2022 Arising Out of PS. Case No.-37 Year-2022 Thana- BARH District- Patna ====================================================== Sujit Kumar Son of Abhay Kumar Resident of Village - Laheriya Pokhar, P.S.- Barh, District - Patna.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap, Advocate For the Opposite Party/s :
Mr.Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-08-2022 Heard learned counsel for the petitioner and learned APP for the State.
Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The petitioner is in custody in connection with Barh P.S. Case No. 37 of 2022 under sections 384, 385 of the Indian Penal Code.
As per the allegation in the FIR, the informant has alleged that he and his son were called upon by the caller and demanded Rs. 5 lakh with threat that in absence of the demand he will face dire consequences.
Learned counsel for the petitioner submits that the alleged mobile number does not belong to the petitioner and his name has cropped up on the confessional statement of Abhisekh
Patna High Court CR. MISC. No.25125 of 2022(2) dt.08-08-2022 2/3 Kumar, had nothing to do with this case and has been falsely dragged for which he is in custody since 20.1.2022. Taking into account the aforesaid facts that the alleged mobile number from which the call was made does not belong to the petitioner as also he is in custody since 20.1.2022 (as stated in para-14 of the bail application) and charge-sheet stands submitted coupled with the fact that he has no criminal antecedent, the Court is inclined to grant him the privilege of bail.
Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned A.C.J.M.-1st, Barh, Patna, in connection with Barh P.S. Case No. 37 of 2022 subject to the following conditions:
(i) one of the bailors should be the family members of the petitioner, who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reasons will entail his cancellation of bail by the Trial Court itself;
(iii) he shall appear before the concerned police
Patna High Court CR. MISC. No.25125 of 2022(2) dt.08-08-2022 3/3 station every fortnight for next six months to mark his presence; (iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. With the aforesaid observations, the bail application is allowed.
(Rajiv Roy, J) Ravi/- U T