Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No 27890 of 2023 Arising Out of PS. Case No.-477 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== GAUTAM KUMAR Son of Ashok Prasad @ Ashok Kumar Resident of village - Abgil Chandey, P.S.- Korma, District - Sheikhpura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr Manish Kumar No 2, Advocate For the Opposite Party/s :

Mr Mukesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 25-05-2023 Learned counsel for the petitioner is permitted to remove defect (s), as pointed out by the office, if any, within a period of four weeks on resumption of physical mode. Heard learned counsel for the petitioner and learned Additional Public Prosecutor (for brevity, APP) appearing for the State of Bihar.

The petitioner has preferred this application for grant of regular bail in connection with Fatehpur Police Station (for brevity, PS) Case No 477 of 2022 dated 26.07.2022 registered for the offence punishable under Section 386 of Indian Penal Code.

As per the prosecution case, the petitioner along with other accusd entered in criminal conspiracy for extortion of Rs

Patna High Court CR. MISC. No.27890 of 2023(2) dt.25-05-2023 2/2 20 lacs from the informant.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has not been named in the First Information Report. The petitioner is accused in three more criminal cases, as stated in paragraph 3 of the bail petition. He is in custody in this case since 03.11.2022. It is further submitted that the allegation of demand of Rangdari is against the co-accused, Sultan. There is general and omnibus allegation against the petitioner. Learned APP has vehemently opposed the bail petition of the petitioner.

Considering the aforesaid facts and circumstances of the case, the period of custody as well as the nature of allegation against the petitioner, the petitioner above named is directed to be released on bail on his furnishing bonds of Rs 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate X, Gaya in Fatehpur PS Case No 477 of 2022 dated 26.07.2022. This application stands allowed.

(Chandra Prakash Singh, J) M.E.H./- U T