Vishal Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15958 of 2016 Arising Out of PS.Case No. -296 Year- 2015 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Vishal Kumar, son of Ram Naresh Prasad Kushwaha, R/o Mohalla- Koria Tola, Ward No. 24, P.S.- Raxaul, District- East Champaran .... .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Shahnawaz Ali, Advocate For the State : Mr. Manoj Kumar No.1 (App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 23-05-2016 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in a case filed under Section 386 of the Indian Penal Code.

It is contended on behalf of the petitioner that he is not named in the first information report rather his name has appeared on the alleged self-incriminating confessional statement of co-accused, Ramesh Kumar @ Chhotu. Even in the confessional statement also, he has alleged that Sunil Patel was engaged in such demand of extortion of money and petitioner was supposed to collect and give it to such co-accused Ramesh Kumar @ Chhotu. It is not stated even in the confessional statement that petitioner was demanding extortion money. It is alleged that there is absolutely no material against the petitioner except the aforesaid

Patna High Court Cr.Misc. No.15958 of 2016 (2) dt.23-05-2016 2 / 2 confessional statement. Petitioner claims to be a business man having a clean antecedent.

Having regards to the facts and circumstances of the case, in the event of arrest/surrender within a period of six weeks from today in Raxaul P.S. Case No.296/2015, the above named petitioner, Vishal Kumar shall be released on bail on furnishing bail bond of Rs.10,000( Ten Thousand Rupees) with two sureties of the like amount each to the satisfaction of S.D.J.M., Raxaul at Motihari subject to the conditions as laid down under sub-section(2) of Section 438 of the Code of Criminal Procedure.

Further, at the time of furnishing bail bond, the court below will verify the antecedent of the petitioner. If the petitioner is found involved in any other case before the date on which present police case was lodged, he would be required to be taken in custody.

(Dr. Ravi Ranjan, J) Sanjay-II/- U T