Shivam Panday v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46520 of 2024 Arising Out of PS. Case No.-17 Year-2024 Thana- CHANPATIA District- West Champaran ====================================================== Shivam Panday S/O Sri Pramod Panday R/o - Khardeur Mahna, P.S Chanpatiya Distt-West Champaran ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shyam Sundar Kumar, Adv.
For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 28-06-2024 Heard learned senior counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Chanpatiya P.S. Case No. 17 of 2024 instituted for the offences under Sections 386, 387 of the Indian Penal Code and Section 27 of the Arms Act.
3. As per prosecution case, the allegation has been made against the petitioner of demanding ransom money of Rs. 15 lacs from the Informant by mobile on WhatsApp and also firing at the shop of the Informant.
4. 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.
Patna High Court CR. MISC. No.46520 of 2024(2) dt.28-06-2024 2/3 He submits that the mobile number from which the Informant was is said to be demanded ransom does not belong to the petitioner. It is further stated that the date of incident of extortion is of 10.01.2024 but, the F.I.R. was lodged on 12.01.2024 i.e. after a delay of two days without there being any valid explanation for the same. Nothing incriminating has been recovered from the conscious possession of the petitioner. The petitioner has six criminal cases and is in custody since 15.02.2024 without any rhyme or reason. The name of the petitioner has surfaced in this case on the basis of confessional statement of the co-accused Laddu Thakur. He further states that no ransom amount has been given by the Informant in this case. Charge-sheet has been submitted against the petitioner in this case. The petitioner has no concern with the alleged occurrence.
5. Learned counsel for the petitioner again submits that the co-accused namely Laddu Thakur has been granted bail by this Court vide order dated 25.04.2024 passed in Cr. Misc. No. 31615 of 2024.
6. 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 allegation made against the petitioner is serious in nature. The petitioner has altogether seven criminal
Patna High Court CR. MISC. No.46520 of 2024(2) dt.28-06-2024 3/3 antecedents and his name has came in this case on the basis of confessional statement of co-accused Laddu Thakur.
7. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner, let the petitioner, abovenamed, be released on bail, 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 Chanpatiya P.S. Case No. 17 of 2024, subject to the following conditions; (i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J) rishi/- U T