Karan Kumar Singh @ Karan Kumar @ Mukesh Singh @ Mukesh Thapa v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45868 of 2024 Arising Out of PS. Case No.-217 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== KARAN KUMAR SINGH @ KARAN KUMAR @ MUKESH SINGH @ MUKESH THAPA S/O SOHAN BAHADUR SINGH @ SOHAN SINGH R/O SHANTI NAGAR, WARD NO. 01, P.S- SIKARPUR, DISTT.- WEST CHAMPARAN.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :
Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 12-07-2024 Heard the parties.
2. The petitioner is an accused in connection with Sikarpur P.S. Case No. 217 of 2023 registered for the offences under sections 386, 387 and 120(B) of the Indian Penal Code lodged on 23.03.2023 by the informant, Vinod Pd. Jaiswal.
3. As per the prosecution story, the informant alleged that he got a call on his mobile no. XXXX942142 from another mobile no. 978465XXXX and asked for payment of Rs. 1 Crore within two days failing which they know that the informant's son goes to the gym where he will be killed. Accordingly, the FIR. Subsequently, the investigation took place and the name of the petitioner cropped up on the confession of the other accused persons.
4. Learned counsel for the petitioner submits that his name has come in the confessional statement of the co-accuseds, had no
Patna High Court CR. MISC. No.45868 of 2024(2) dt.12-07-2024 2/3 role to play in the matter and the alleged mobile number does not belong to him. He further submits that the other co-accuseds have been granted bail.
5. Learned APP for the State, on the other hand, opposes the prayer for bail submitting that not only his name has come in the confessional statement, they have sufficient materials against him and further he has one criminal antecedent.
6. Taking into account the aforesaid submissions/facts, the petitioner is now in custody, F.I.R. lodged, he will have to face the trial, it would be appropriate that he is released on bail but only after the framing of the charge.
7. Let the petitioner be released on bail after framing of the charges on furnishing bail bond of Rs. 10,000/- (Ten Thousands only) with two sureties of like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, West Champaran, Bettiah in connection with Sikarpur P.S. Case No. 217 of 2023, subject to the following conditions-:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his bona fide;
(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;
Patna High Court CR. MISC. No.45868 of 2024(2) dt.12-07-2024 3/3 (iii) the petitioner shall appear before the concerned police station till the conclusion of trial to mark attendance; (iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of his bail bonds;
(v) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Neha/- U T