Patna High CourtCR. MISC./27804/2024bail granted

Aayush Kumar v. The State Of Bihar

2024-07-24Mr. Justice Nawneet Kumar Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27804 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- NAUGACHIA District- Bhagalpur ====================================================== AAYUSH KUMAR S/O POLO SINGH R/O VILLAGE- SHRIPUR, P.SNAUGACHIA, DISTT.- BHAGALPUR. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 28130 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- NAUGACHIA District- Bhagalpur ====================================================== Gaurav Kumar S/o- Late Bindeshwari Singh Village- Shripur Ps- Naugachia Dist- Bhagalpur ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 27804 of 2024) For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Sucheta Yadav (In CRIMINAL MISCELLANEOUS No. 28130 of 2024) For the Petitioner/s :

Mr.Amrendra Kumar For the Opposite Party/s :

Mr.Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-07-2024 Heard the learned counsel for the petitioners as well as the learned Additional Public Prosecutor for the State.

2. The petitioners are seeking regular bail in connection with Naugachia P.S. Case No. 23 of 2024, registered for the offences punishable under Sections 363/365 and 367 of the Indian Penal Code.

3. As per allegation, the grand daughter of the informant went for her coaching classes but did not return. Even

Patna High Court CR. MISC. No.27804 of 2024(3) dt.24-07-2024 2/3 after hectic search, no clue was traced out. It has further been alleged that on 21.01.2024, the informant received a telephone call from the mobile of her grand daughter and a ransom was demanded in lieu of rescue of his grand daughter.

4. The learned counsel for the petitioners by drawing my attention towards confessional statement of co-accused Ashish Kumar, has submitted that the victim developed love and affection with Ashish Kumar, who had suffered a huge loss in share market and the victim and Ashish Kumar have gone for demanding money from the informant. According to the plan, the victim herself went with the co-accused Ashish Kumar and Ashish Kumar by using the mobile set of the petitioner, demanded ransom from the informant. He has further submitted that the main accused Ashish Kumar was using the mobile set of the petitioner and CDR annexed with case diary shows that there was conversation between victim and the co-accused Ashish Kumar, prior to the occurrence, using the mobile phone of the petitioner. That conversation is one day prior to lodging of the FIR, which shows that the victim herself was involved in the conspiracy of extortion money.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

Patna High Court CR. MISC. No.27804 of 2024(3) dt.24-07-2024 3/3

6. Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- each with two sureties of the like amount each to the satisfaction of learned ACJM-Ist Naughachia, Bhagalpur in connection with Naugachia P.S. Case No. 23 of 2024, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T