Kunal Singh @ Kunal Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34239 of 2025 Arising Out of PS. Case No.-255 Year-2019 Thana- SANGRAMPUR District- East Champaran ====================================================== Kunal Singh @ Kunal Kumar Son of Girja Singh, village- Barwa, PSSangrampur, Dist- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abneesh Kumar, Adv.
For the Opposite Party/s :
Mr. Khurshid Anwar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 27-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner is apprehending his arrest in connection with Sangrampur P.S. Case No. 255/2019 registered for the offences punishable under Sections 386 and 387 of the Indian Penal Code.
3. As per prosecution case, on 11.11.2019 the informant received eight messages on his mobile no.9955888521 from mobile no.9708125425. It is alleged that message sender had demanded ransom of Rs.5 lakh and also threatened to kill the informant and his father if the said demand was not met.
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.34239 of 2025(2) dt.27-05-2025 2/3 petitioner is innocent and has committed no offence as alleged in the FIR. The petitioner is not named in the FIR. FIR has been lodged against unknown and his name has been surfaced in this case during course of investigation. It is pointed out that ransom was demanded by the said mobile no. 9708125425 mobile and the said mobile Sim was running in the name of Suresh Ram. He further submits that in para 9 of the bail petition, it is stated that two Sim was installed in the said mobile set and 2nd Sim/mobile no.8448562083 is running in the name of present petitioner and due to the aforesaid reason, the police has implicated the petitioner in the present case. He further submits that the petitioner had purchased a second hand mobile from a shop of Motihari, Balua Chowk in Rs.
400/- however after using the same for only two months, he lost his mobile in the first week of October, 2019 but due to ignorance he did not block his said mobile no.8448562083 which has been misused by some other person. The petitioner bears no criminal antecedent. He orally submits that the petitioner will not abscond rather will cooperate in the investigation to prove his innocence.
5. The learned A.P.P. for the State opposed the prayer for anticipatory bail of the petitioner.
6. Considering the facts and circumstances of the
Patna High Court CR. MISC. No.34239 of 2025(2) dt.27-05-2025 3/3 case, keeping in view clean antecedent of petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail 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-12, Motihari, District-East Champaran in connection with Sangrampur P.S. Case No. 255/2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. However, it is made clear that if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioner despite giving assurance to this Court are not co-operating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner.
(Alok Kumar Pandey, J) amitkumar/- U T