Binit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44724 of 2023 Arising Out of PS. Case No.-104 Year-2023 Thana- MAGADH MEDICAL COLLEGE District- Gaya ====================================================== Binit Kumar S/O Suraj Prasad Singh R/O Surya Niwas, Tilha Mahabir Asthan, Beldari Tola, P.S- Civil Line, Distt.- Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shri Prakash Tiwari For the Opposite Party/s :

Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-09-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 505, 506, 507 and 120 of the IPC.

3. Allegation against the petitioner is that he forwarded threatening letters to different locations regarding explosion.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case merely on suspicion. The petitioner is not named in FIR and during investigation, on account of personal vendetta of the local police particularly, the

Patna High Court CR. MISC. No.44724 of 2023(4) dt.18-09-2023 2/3 officer in Charge Civil Line P.S. Gaya, who has been made a party as a Respondent No.8 in the Criminal Writ Application filed by the petitioner before this Hon'ble Court against him and few others, the petitioner has been dragged in this case since the SHO Gaya was adamant not to institute an FIR against the opponent of the petitioner for the reasons best known to him despite several efforts being made in this regard by the petitioner.

It is also submitted from para-7 of this petition that it is very ridiculous that the letter of explosive was anonymous(gumnaam) and even on the envelope of the said letter, the name of the sender was not written, as is evident from FIR itself that in such circumstances, how the police got clue of the petitioner's involvement in the alleged offence. Nothing consistent material has come against the petitioner and so far as the confessional statement of the petitioner is concerned in which he accepted his guilt is only because of coercion and pressure of the police which has got no evidentiary value in the eye of law. Moreover, the petitioner is languishing in judicial custody since 07.03.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.44724 of 2023(4) dt.18-09-2023 3/3 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 Magadh Medical P.S. Case No. 104 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 J.M.F.C, Gaya.

(Sunil Kumar Panwar, J) shubham/- U T