Mrityunjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29720 of 2023 Arising Out of PS. Case No.-477 Year-2022 Thana- FATEHPUR District- Gaya ====================================================== MRITYUNJAY KUMAR SON OF KRISHNA NANDAN PRASAD RESIDENT OF VILLAGE- SAIDIPUR, PO- BADI, PS- KATRISARAI, DISTT- NALANDA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar Pandey For the Opposite Party/s :

Mr.Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 14-06-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in connection with Fatehpur P.S. Case No. 477 of 2022 registered for the offences punishable under Sections 386 of the Indian Penal Code. As per prosecution case, a call was made from the mobile no. 8271227942 upon the informant's mobile for demanding ransom of Rs. 20 lakhs.

Learned counsel for the petitioner submits that petitioner is not named in FIR. He further submits that petitioner is apprehended alongwith other co-accused persons in the present case. He further submits through supplementary affidavit that he is not the holder of the mobile no. in question

Patna High Court CR. MISC. No.29720 of 2023(3) dt.14-06-2023 2/3 which has been mentioned in FIR and the said mobile no. belongs to other person. In the light of the said fact and circumstances of the case no case is made out under Section 386 of I.P.C. though petitioner bears criminal antecedent of four cases which are filed in a routine manner in the same month from the same police station due to village rivalry. Charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence. Moreover, petitioner is in custody since 03.11.2022.

The learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the facts and circumstances of the case, period of custody, charge sheet has been submitted in the case and there is no likelihood of tampering with the prosecution evidence, argument advanced on behalf of both sides and also taking into consideration the material available on record, let the petitioner above named be released on bail, after framing of charge on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Xth, Gaya in connection with Fatehpur P.S. Case No. 477 of 2022, subject to following conditions:-

Patna High Court CR. MISC. No.29720 of 2023(3) dt.14-06-2023 3/3 (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.

(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself. (iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(Alok Kumar Pandey, J) alok/- U T