Govinda Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31424 of 2024 Arising Out of PS. Case No.-987 Year-2019 Thana- SONEPUR District- Saran ====================================================== Govinda Kumar Son of Deo Shankar Roy @ Sadhu Jee Resident of villageSabbalpur Hasti Tola, P.S.- Sonpur, District- Saran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Kumar, Advocate For the Opposite Party/s :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 24-04-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Sonpur P.S. case No. 987 of 2019 instituted for the offences under Sections 447, 341, 323, 386, 504, 506/34 of the Indian Penal Code.
3. Prosecution case, in short, is that two named accused persons including this petitioner along with three other unknown miscreants are alleged to have assaulted the informant and, on gunpoint, demanded Rs. 5,00,000/- as extortion from him.
4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. No
Patna High Court CR. MISC. No.31424 of 2024(2) dt.24-04-2024 2/3 incriminating article has been recovered from the conscious possession of the petitioner. He further submitted that during the course of investigation, nothing has come against this petitioner and the petitioner has falsely been implicated due to conspiracy by bad elements. Charge-sheet has been submitted in this case. He further submitted that petitioner is not involved in the delivery of any money nor any injury has been caused to the informant and, as such, no offence under Section 386 of the Indian Penal Code is made out against him. Learned counsel further submitted that one of the accused namely Kallu @ Kalua has already been granted bail by the lower court itself. It has been submitted on behalf of the petitioner that the petitioner is in custody since 28.08.2023 and has fourteen criminal antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.31424 of 2024(2) dt.24-04-2024 3/3 each to the satisfaction of Court below/concerned Court in connection with Sonpur P.S. case No. 987 of 2019. (Rudra Prakash Mishra, J) Alok Verma/- U T