Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43911 of 2023 Arising Out of PS. Case No.-57 Year-2023 Thana- BIKRAM District- Patna ====================================================== ANUJ KUMAR Son of Sri Bhagwan Bind Resident of Gulzarbagh, P.O. and P.S.- Karpi, District - Arwal.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bindeshwar Kumar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 364(A), 386/34 of the Indian Penal Code.

As per prosecution case, the informant alleged that his uncle was in his shop with his younger son, meanwhile, some unknown miscreants came from Scorpio and abducted his uncle. After some time, they called up and demanded amount of Rs. 80,000/- alleging that they are Officials from Excise Department.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The prosecution case lodged against unknown and this petitioner has falsely been implicated in this case. His name transpired in

Patna High Court CR. MISC. No.43911 of 2023(2) dt.21-07-2023 2/2 this case only on the basis of confessional statement of coaccused Tarun Kumar who is already getting the privilege of bail granted by co-ordinate Bench of this court vide order dt. 18.5.2023 passed in Cr. Misc. no. 24175 of 2023, hence the case of this petitioner stands on similar footing of that of the coaccused. Nothing has been recovered from possession of the petitioner. He has got no criminal antecedent as stated in para 3 of the bail petition and languishing in custody since 4.2.2023. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bikram P.S. Case No. 57 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge VI, Danapur. (Sunil Kumar Panwar, J) Amandeep/- U T