Sumit Kumar @ Pappu @ Pappi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.44935 of 2024 Arising Out of PS. Case No.-84 Year-2024 Thana- WARISLIGANJ District- Nawada ====================================================== Sumit Kumar @ Pappu @ Pappi Son Of Ashok Rajak Village- Jusainabad, P.S.- Ariyari, Distt.- Shekhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Prasad, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-08-2024 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.
2. The petitioner seeks bail in Warisaliganj P.S. Case No. 84 of 2024, instituted for the offences punishable under Sections 364(a)/34 of the Indian Penal Code.
3. The prosecution case, in short, is that, son of the informant went to the market and, thereafter, the informant received a call from the phone of his son by which a demand of Rs. 10 lakh was made as rangdari and was also threatened to kill his son. It is further alleged that few days back, before this incident, the F.I.R. named co-accused persons threatened to kidnap his son.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.44935 of 2024(3) dt.02-08-2024 2/3 petitioner is innocent and have falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. Learned counsel for the petitioner also submitted that the petitioner is not named in the F.I.R. and name of the petitioner has transpired on the basis of confessional statement of co-accused Nitish Kumar which has got no evidentiary value. There is no specific allegation levelled against the petitioner, rather the allegations levelled against the petitioner is general and omnibus in nature. Learned counsel for the petitioner further submitted that the victim has returned to his house the same day without any payment of ransom money demanded from the informant. The petitioner is in custody since 26.02.
2024 and has got no criminal antecedent. Learned counsel for the petitioner lastly submitted that similarly situated co-accused have already been granted bail by this Court vide order dated 26.07.2024 passed in Cr. Misc. No. 39432 of 2024, Cr. Misc. No. 43553 of 2024 and Cr. Misc. No. 44514 of 2024.
5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.
6. Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone
Patna High Court CR. MISC. No.44935 of 2024(3) dt.02-08-2024 3/3 by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.
7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Warisaliganj P.S. Case No. 84 of 2024.
(Rudra Prakash Mishra, J) Rajorshi/- U T