Bimlesh Tripathi @ Bimlesh Tiwari @ Bimlesh Tibari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36988 of 2025 Arising Out of PS. Case No.-153 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Bimlesh Tripathi @ Bimlesh Tiwari @ Bimlesh Tibari S/O Lalan Tiwari R/O Vill- Po- Sakri, Ps-Kudra, Dist- Kaimur, Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Jubair Ansari, Adv.

For the Opposite Party/s :

Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has earlier moved before this Court with a prayer for anticipatory bail which was rejected vide order dated 29.11.2024 passed in Cr. Misc. No. 17796 of 2024.

3. The petitioner seeks bail in connection with Khodawandpur (Chhaurahi O.P.) P.S. Case No. 153 of 2023 instituted for the offences under Sections 419, 420, 341, 342, 323, 384, 120(B)/34 of the Indian Penal Code.

4. As per prosecution case, the petitioner regularly called the informant and assured her to help her husband in getting good job in private company and, on the pretext of the same, he along with other culprit called the husband of the

2/4 informant to Patna and abducted him and demanded ransom amount of Rs. 6,00,000/- and he extorted Rs. 50,000/- from the informant.

5. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. The petitioner has not committed any offence as alleged in the F.I.R. He further submits that the petitioner is working as a Security Guard at Pune, Maharashtra and he was asked by a covillager, Amarjeet Prajapati to transfer a sum of Rs. 50,000/- to the account of one Adarsh Kumar. He further submits that he has been made escape goat as he had no knowledge about the alleged offence being committed by the co-accused Amarjeet Prajapati and others and he had no intention to commit such crime. Learned counsel for the petitioner submits that there is no direct or specific allegation of any overt act against the petitioner rather the same is general and omnibus in nature. The petitioner has no criminal antecedent and is languishing in judicial custody since 06.01.2025 without any rhymes or reason.

6. Learned counsel for the petitioner again submits that the co-accused namely Abhishek Kumar @ Abhi Paswan @ Panchakas has been granted bail by a Co-ordinate Bench of

3/4 this Court vide order dated 02.04.2024 passed in Cr. Misc. No. 20833 of 2024. He further submits that the co-accused Adarsh Kumar has also been granted regular bail by a Co-ordinate Bench of this Court vide order dated 02.04.2024 passed in Cr. Misc. No. 19576 of 2024.

7. On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature.

8. At this stage, learned counsel for the petitioner has submitted that the petitioner is ready to return the amount of Rs.50,000/- which is alleged to have taken from the informant for release of her husband without prejudice to his guilt.

9. Considering the aforesaid submission made on behalf of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Majhaul, District- Begusarai, in connection with Khodawandpur (Chhourahi O.P.) P.S. Case No.153 of 2023.

10. At the time of furnishing bail bonds, the petitioner shall furnish a demand draft of Rs.50,000/- prepared in the name

4/4 of the informant. The Court below shall hand over the said demand draft to the informant. If the petitioner furnishes the demand draft, his bail bonds shall be accepted by the Court below. If the petitioner does not furnish the bail bonds, his bail bonds shall not be accepted by the Court below. (Rudra Prakash Mishra, J) rishi/- U T