Suraj Rai @ Suraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36101 of 2022 Arising Out of PS. Case No.-258 Year-2021 Thana- PATLIPUTRA District- Patna ====================================================== Suraj Rai @ Suraj Kumar Son Of Ram Krishna Rai R/O- Gauripur, Ward No. 10, P.S.- Singheshwar, Dist.- Madhepura At Present Residing At C/O- Bindu Singh, H. No. A/328, P.S. Colony, P.S.- Kankarbagh, Dist.-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mohammad Minnatullah, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under section 384 of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that he received a message purportedly sent from the Beur Jail by the petitioner from the mobile number mentioned in the FIR asking for a ransom of Rs. 1 lac to be paid within 24 hours.

It is submitted by learned counsel for the petitioner that although the FIR has been registered against the petitioner as holder of the mobile number mentioned in the FIR, from the FIR itself it would be evident that the petitioner was in custody

Patna High Court CR. MISC. No.36101 of 2022(3) dt.18-01-2023 2/2 on the said date. He has no concern with any mobile phone nor with the number mentioned in the FIR. The prosecution is mainly relying against him on the confessional statement of the petitioner himself made before the police which is inadmissible, his antecedents and his proximity with other criminals. He is in custody since 10.1.2022 and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegations in the FIR together with the petitioner having remained in custody for more than 1 year since 10.1.2022 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Patliputra P.S. Case no. 258 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-X, Patna. (Partha Sarthy, J) Bibhash U