Pankaj @ Pankaj Kumar @ Aryan @ Aryan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40817 of 2024 Arising Out of PS. Case No.-462 Year-2021 Thana- PHULPARAS District- Madhubani ====================================================== Pankaj @ Pankaj Kumar @ Aryan @ Aryan Yadav S/o Vijay Yadav R/o Village- Inarawa, Ward No. 03 P.S- Marona Distt.- Supaul. ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Surya Narayan Yadav, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 11-06-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection with Phulparas P.S. Case No.462 of 2021 registered for the offences punishable under Sections 385 and 387 of the Indian Penal Code.
3. The accused/petitioner is named in the FIR and is in custody since 21.11.2022.
4. Allegation against the petitioner is to demand a ransom of Rs. 10,00,000/- from informant on mobile nos. 9709714847 and 8210034711, belongs to informant by making a call from his mobile no. 947381667 on 25.11.2021, while informant was in hospital in connection
2/4 with his treatment.
5. It is submitted by learned counsel that as informant was under suspicion regarding involvement of petitioner in earlier case i.e. Phulparas P.S. Case No.286 of 2021 dated 24.07.2021, he was named petitioner specifically in present case out of false implication. It is submitted that no money in furtherance of demand was ever paid to the petitioner by informant. It is further pointed out that petitioner found involved in five more criminal cases, where he is on bail in three cases and in maximum of these cases, the name of petitioner found involved on the basis of suspicion out of local village politics. While concluding argument, it is submitted that investigation of this case has been completed, for which, charge-sheet has been submitted and, as such, there is no chance of tampering with the evidence.
6. Learned APP opposes the prayer for grant of bail to the petitioner.
7. In view of above-mentioned facts and circumstances and by taking note of nature of accusation,
3/4 coupled with the fact that charge-sheet has already submitted, where petitioner is in custody since 21.11.2022, accordingly, the petitioner, above-named, is directed to be released on bail furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Jhanjharpur, Madhubani in connection with Phulparas P.S. Case No.462 of 2021, subject to the conditions as laid down under Section 437(3) of the Cr.P.C. and with further conditions:- (i) That petitioner shall not involve in similar nature of criminal case till the conclusion of trial, failing which the State shall be at liberty to move before the Trial Court itself for the cancellation of bail bond of the petitioner.
(ii) That petitioner shall cooperate in the trial and shall be physically present on each and every date before the Trial Court till conclusion of the trial and exemption from physical appearance be allowed by the Trial Court only on medical ground of the petitioner duly supported by the documents.
(iii) That the petitioner shall in no
4/4 way try to induce or influence the witnesses or tamper with the evidences, failing which the informant/State shall be at liberty to take steps for cancellation of the bail bonds of the petitioner.
(Chandra Shekhar Jha, J.) Sanjeet/- U T