Vikku Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51229 of 2021 Arising Out of PS. Case No.-337 Year-2020 Thana- BIKRAM District- Patna ====================================================== VIKKU KUMAR SON OF MANOJ SHARMA RESIDENT OF VILLAGE - SONA P S - NAUBATPUR DISTRICT - PATNA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Bharat Bhushan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-02-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceedings. Let the defect(s), if any, be removed within a period of four weeks after complete start of the physical Court. The petitioner seeks regular bail in connection with Bikram P.S. Case No. 337 of 2020 instituted for the offences under Section 385 of the Indian Penal Code read with Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is in custody since 08.02.2021, charge-sheet has been submitted and has antecedent of one case as mentioned in para 3 of the bail application.

The informant alleges that he received a phone call from one Kishan Kumar on 27.11.2020 who demanded extortion of Rs.5,00,000/- and when informant showed his inability he

Patna High Court CR. MISC. No.51229 of 2021(2) dt.03-02-2022 2/3 was threatened. Further on 01.12.2020 four motorcycle borne criminals came and fired at his dairy shop hitting the door of the shop creating panic.

Learned counsel for the petitioner submits that petitioner is not named in the FIR. Name of the petitioner transpired in the confessional statement of co-accused Kishan Kumar. Further the extortion amount was never paid and the petitioner came to be implicated merely because the co-accused took his name.

Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody, charge-sheet has been submitted and petitioner is not named in the FIR and his name transpired in the confessional statement of co-accused and the extortion amount was not paid, let the petitioner above named be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-VI, Danapur, Patna in connection with Bikram P.S. Case No. 337 of 2020, subject to the conditions that one of the bailors shall be the father of the petitioner, namely, Manoj Sharma. In the event, if the petitioner gets implicated in a

Patna High Court CR. MISC. No.51229 of 2021(2) dt.03-02-2022 3/3 case of similar nature, the learned court below will be at liberty to cancel the bail bond of the petitioner.

(Satyavrat Verma, J) Kundan/- U T