Vikash Kumar Chaudhary @ Vikash Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40100 of 2024 Arising Out of PS. Case No.-294 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== Vikash Kumar Chaudhary @ Vikash Chaudhary, aged about 30 years (M), Son Of Vinod Chaudhary @ Vinod Chaudhari, Resident Of Village - Hardiya, Ward No.-4, P.S. - Areraj, District - East Champaran. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Abhishek Kumar, Advocate For the Opposite Party :
Mr. Umeshanand Pandit, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-07-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Govindganj P.S. Case No. 294 of 2018 dated 15.10.2018 registered for the offence punishable under Section 387 of the I.P.C.
3. As per prosecution case, the informant received a text message for demand of Rs. 50,00,000/- as rangdari from the mobile number 9633175264. It is further alleged that the informant was also threatened of dire-consequences if he would not fulfill the above demand.
4. Learned counsel for the petitioner has submitted that
Patna High Court CR. MISC. No.40100 of 2024(2) dt.04-07-2024 2/3 the petitioner is innocent and has falsely been implicated in the present case. It is submitted that the petitioner is not named in the F.I.R. His name has surfaced in the present case on the basis of the confessional statement of the co-accused Babul Pandey @ Babul Kumar. No incriminating article has been recovered from his possession. The mobile number from which extortion money was demanded and threatening was given did not belong to the petitioner. It is further submitted that other co-accused person Navin Sharma has been granted anticipatory bail by a Bench of this Court vide Cr. Misc. No. 1864 of 2023 under order dated 28.02.2023. The petitioner has four criminal antecedents in which he is on bail as stated in paragraph no. 3 of the bail application. The petitioner is in custody since 16.12.2023. 5.Learned A.P.P. for the State has opposed the prayer for bail petition of the petitioner.
6. Considering the aforesaid facts and circumstances of the case as well as period of custody of the petitioner, let the above named petitioner, is directed to be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned 1st Additional Chief Judicial Magistrate, Motihari, East Champaran in connection with Govindganj P.S. Case No.
Patna High Court CR. MISC. No.40100 of 2024(2) dt.04-07-2024 3/3 294 of 2018 with further condition:- (I) The petitioner is directed to remain physically present before the learned court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.
7. The application stands allowed.
(Chandra Prakash Singh, J) U.K./- U T