Fulendra Sao @ Phulendra Saw @ Pulendar Sav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39047 of 2022 Arising Out of PS. Case No.-31 Year-2021 Thana- KHUDWA District- Aurangabad ====================================================== FULENDRA SAO @ PHULENDRA SAW @ PULENDAR SAV S/O PREMAN SAW @ PRERAN SAW Resident of Village- Ankuri, P.S.- Goh, District- Aurangabad ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravindra Kumar, Advocate For the Opposite Party/s :
Mr.Sanjay Kumar Tiwary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 24-01-2023 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Khudwa P.S. Case No. 31 of 2021 for the offence registered under Sections 379, 384 and 34 of the Indian Penal Code.
The case of the prosecution, in brief, according to the informant, who is the owner of petrol pump in Khudwa Bazar, namely, M/s. Jaivind Kishan Sewa Kendra, is that on 28.05.2021 at about 9:30 P.M., six unknown miscreants on two motorcycles had arrived at the said petrol pump and had given a parcha of Bhartiya Communist Party (Maoist), Magadh Zonal Committee with a threat that in case the owner of the petrol pump wants to run
Patna High Court CR. MISC. No.39047 of 2022(3) dt.24-01-2023 2/3 petrol pump, he should pay ransom amount, failing which the owner of the petrol pump would have to face dire consequences. It is also alleged that one of the miscreants had snatched mobile phone from the petrol pump staff and had then fled away while firing in the air.
The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case and he is languishing in custody since 22.02.2022. It is further submitted that on account of the bad antecedent of the petitioner, the petitioner has been made an accused in the present case, whereas the fact is that no such incident had ever taken place and in fact no evidence has been collected during the course of investigation to connect the petitioner with the alleged crime. Lastly, it is submitted that similarly situated co-accused person has already been granted bail by a co-ordinate Bench of this Court vide order dated 08.09.2022 passed in Criminal Miscellaneous No. 37931 of 2022.
Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.
Patna High Court CR. MISC. No.39047 of 2022(3) dt.24-01-2023 3/3 Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the materials available on record as also considering the parity of the case of the petitioner with that of the co-accused person who has already been granted bail by a coordinate Bench of this Court, I deem it fit and proper to admit the petitioner to the privilege of bail. Accordingly, the petitioner, above named, is directed to 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 Judicial Magistrate-1st Class, Daudnagar in connection with Khudwa P.S. Case No. 31 of 2021. (Mohit Kumar Shah, J) S.Sb/Saurav U T