Rahul Shukla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.28461 of 2020 Arising Out of PS. Case No.-399 Year-2019 Thana- BHABHUA District- Kaimur (Bhabua) ====================================================== Rahul Shukla aged about 24 years, Male, Son of Vijay Shankar Shukla Resident of Village-Shukulpipara, P.S.- Mohania, District- Kaimur at Bhabua. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Rajani Kant Pandey, Advocate For the Opposite Party :

Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 19-01-2021 Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing on behalf of the State. The petitioner is apprehending arrest in connection with Bhabua P.S. Case No. 399 of 2019 for offences under Sections 386 and 387 of the Indian Penal Code. Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent but the trial court has wrongly mentioned that the petitioner is accused in other cases. Referring the prosecution case, learned counsel submits that the allegation of demand of Rangdari of Rs.10,00,000/-is patently false allegation not supported by any material. The petitioner is not the owner of the mobile phone which was purportedly used for demand of ransom. Since the petitioner was not put behind the bar, the entire allegation that

Patna High Court CR. MISC. No.28461 of 2020(2) dt.19-01-2021 2/2 the petitioner has used mobile phone inside the jail for ransom is patently false allegation.

Considering the totality of the facts and circumstances of the case, the Court is inclined to grant the privilege of anticipatory bail to the petitioner subject to the condition that the petitioner has to deposit Rs.25,000/- in cash. On depositing the amount of Rs.25,000/-, petitioner, above-named, in the event of arrest or surrender within one month from today, shall be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Kaimur at Bhabua in connection with Bhabua P.S. Case No. 399 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

Deposit of Rs.25,000/- (Rupees twenty five thousand) shall abide by final outcome of Bhabua P.S. Case No. 399 of 2019.

(Anil Kumar Upadhyay, J) BT/- U T