Abhyash Singh @ Abhyash Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44921 of 2024 Arising Out of PS. Case No.-2 Year-2024 Thana- Kumarbagh District- West Champaran ====================================================== Abhyash Singh @ Abhyash Kumar Singh S/o Ramshish Singh R/o VillageKurwa Mathia, P.S.-Kumarbagh, District-West champaran at Bettiah ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binay Kumar, Advocate For the Opposite Party/s :

Mr. Md. Shakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-06-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Kumarbagh P.S. Case No. 02 of 2024 instituted for the offence under Sections 384, 386, 504 & 34 of the Indian Penal Code and Section 27 of the Arms Act.

3.

Prosecution case in short is that accused persons including the petitioner have demanded ransom to the tune of Rs. 10 Lakhs from the informant and threatened him to face dire consequences, if the same is not paid. It is also alleged that they have open fired.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 09-03-2024. Petitioner

Patna High Court CR. MISC. No.44921 of 2024(2) dt.27-06-2024 2/3 bears ten criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner is social worker due to which he has been implicated on extraneous consideration. Nothing incriminating has been recovered from the possession of the petitioner. It is next submitted that entire prosecution story is false and concocted and is based on conjecture and surmises. It is lastly submitted that offences under Sections 384 & 386 of the IPC is not made out against the petitioner.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case and period of custody of the petitioner, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Kumarbagh P.S. Case No. 02 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.44921 of 2024(2) dt.27-06-2024 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T