Navin Sharma @ Navin Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42529 of 2025 Arising Out of PS. Case No.-293 Year-2018 Thana- GOVINDGANJ District- East Champaran ====================================================== Navin Sharma @ Navin Kumar S/o Ramashankar Sharma Resident of village sharma Tola, ward no.- 06, P.S- Govindganj, District-East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Abhishek Kumar, Advocate For the Opposite Party/s :
Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 11-07-2025 Heard Mr. Abhishek Kumar, learned counsel for the petitioner and Mr. Chandra Sen Prasad Singh, learned APP for the State.
2. Petitioner seeks regular bail in connection with Govindganj P.S. Case No. 293 of 2018 dated 15.10.2018 registered for the offence punishable under Section 387 of the Indian Penal Code.
3. The main submissions advanced by petitioner's counsel are that the instant matter relates to extortion demand allegedly made from the informant by using a particular mobile number, of which detail is mentioned in the FIR but the petitioner has no connection to the said mobile number and he has been made accused mainly on the basis of the statement of
Patna High Court CR. MISC. No.42529 of 2025(2) dt.11-07-2025 2/3 the co-accused Babul Pandey @ Babul Kumar who recorded his confessional statement before the police in connection with Areraj P.S. Case No. 291 of 2018 and the said statement is not admissible in the eye of law except this, there is no material against this petitioner. It is further submitted that the FIR of the present matter was registered against unknown only giving the details of particular mobile numbers and the petitioner has made specific statement that he has no connection to the said mobile number and after he was taken into custody, police failed to recover any incriminating material from his possession showing his connection to the extortion demand.
It is further submitted that there is no allegation of payment of the alleged demanded amount by the informant to the accused. It is lastly submitted that the co-accused, Babul Pandey @ Babul Kumar, in whose statement the name of this petitioner surfaced, has been granted anticipatory bail by the trial court, so, the petitioner's case stands on better footing as he has been languishing in jail since 29.01.2025 and the learned trial court has rejected the prayer of the petitioner mainly considering his criminal antecedent in which the petitioner is on bail and against him, the investigation has been completed.
4. Learned APP appearing for the State has opposed
Patna High Court CR. MISC. No.42529 of 2025(2) dt.11-07-2025 3/3 the prayer for bail of the petitioner.
5. Considering the aforesaid submissions advanced by petitioner's counsel and mainly petitioner's custody period and completion of investigation against him and also, the facts that the petitioner has taken the plea that he has no connection to the alleged mobile number which was allegedly used in making the extortion demand and he has been made accused mainly on the basis of confessional statement of co-accused Babul Pandey @ Babul Kumar, who is on anticipatory bail and the said plea has not been refuted by learned APP for the State, in my opinion, it is a fit case for bail to the petitioner. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Govindganj P.S. Case No. 293 of 2018.
(Shailendra Singh, J) maynaz/- U T