Patna High CourtCR. MISC./38317/2024bail granted

Vivek Kumar v. The State Of Bihar

2024-10-25Mr. Justice R. P. Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38317 of 2024 Arising Out of PS. Case No.-11 Year-2024 Thana- SUGAULI RAIL P.S. District- West Champaran ====================================================== Vivek Kumar S/o Suresh Sonkar @ Suresh Khatik R/o New Bus Stand Balkrishn Colony, ward no. 25, P.S. - Bettiah Town, Distt. - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-10-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in GRP Sugauli (Bettiah) P.S. Case No. 11 of 2024, instituted for the offences punishable under Sections 363, 365 of the Indian Penal Code.

3. As per prosecution case, the accusation against the petitioner is of abducting the brother of the informant as well as demanding ransom of Rs. 1,00,000/- from the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from

Patna High Court CR. MISC. No.38317 of 2024(5) dt.25-10-2024 2/3 the conscious possession of the petitioner. Learned counsel for the petitioner also submits that the petitioner is not named in the FIR. It is relevant to mention here that the petitioner has not demanded any ransom, rather co-accused Wahid demanded Rs. 1,00,000/- as the ransom. It is also to be submitted that the victim in his statement made under Section 164 Cr.P.C. has not disclosed the name of the petitioner as kidnapper but he only disclosed the name of co-accused Wahid as the kidnapper who demanded ransom from his family members. The petitioner is in custody since 21.02.2024 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused has been granted bail by this Court vide order dated 27.09.2024 passed in Cr. Misc. No. 45988 of 2024.

5. Learned APP 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 and taking into account 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 on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.38317 of 2024(5) dt.25-10-2024 3/3 below/concerned Court in connection with GRP Sugauli (Bettiah) P.S. Case No. 11 of 2024.

(Rudra Prakash Mishra, J) Rajorshi/- U T