Durgesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42979 of 2021 Arising Out of PS. Case No.-119 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== Durgesh Kumar Son of Bhudeshwar Yadav Resident of Village- Aurha, P.S.- Jainagar, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma, Sr. Advocate.

Mr. Priyanka Singh, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 07-01-2022 Heard.

The petitioner seeks regular bail in connection with Jainagar P.S. Case No. 119 of 2020 registered for the offence punishable under Sections 341, 323, 384, 386, 504, 506/34 of the Indian Penal Code.

The allegation is regarding the accused persons having intercepted the informant and one other person, where-after they are stated to have taken them to a wheat field and had asked them to call their master so that ransom money could be arranged. It appears that the petitioner had gone to the alleged place of occurrence for collecting the ransom money, however, the police had apprehended him and upon his disclosure, the other accused persons were

Patna High Court CR. MISC. No.42979 of 2021(2) dt.07-01-2022 2/3 arrested as also the informant and one other person were recovered.

The learned Senior counsel for the petitioner, Shri Yogesh Chandra Verma, has submitted that the petitioner is innocent, has been falsely implicated in the present case and he is languishing in custody since 16.04.2020. The learned Senior counsel for the petitioner has submitted that the petitioner is a student and a young boy and is alleged to have gone to collect the ransom money, however, admittedly the entire plot had remained unsuccessful in as much as the police had intervened and arrested the petitioner where-after other accused persons had also been arrested. It is submitted that one other co-accused person has already been granted bail by a co-ordinate Bench of this Court vide order dated 22.12.2020 passed in Cr. Misc. No. 30430 of 2020.

Per contra, the learned APP appearing for the State has vehemently opposed the prayer for regular bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the parties and taking into account the materials available on record as also considering

Patna High Court CR. MISC. No.42979 of 2021(2) dt.07-01-2022 3/3 the fact that no crime had actually taken place and the extortion money could not be collected apart from the fact that the petitioner is languishing in custody since about one year and eight months as also he is a young boy studying in a college, I deem it fit and proper to direct for release of the petitioner on regular bail. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail-bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Madhubani in connection with Jainagar P.S. Case No. 119 of 2020.

(Mohit Kumar Shah, J) Tiwary/- U T