Ram Naresh Kushwaha @ Ram Naresh Prasad @ Ram Naresh Prasad Verma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.999 of 2021 Arising Out of PS. Case No.-105 Year-2020 Thana- BISHWAMBHARPUR DistrictGopalganj ====================================================== Ram Naresh Kushwaha @ Ram Naresh Prasad @ Ram Naresh Prasad Verma son of Late Srikishun Prasad Resident of Village- Durg Matihania, P.S.- Bishambharpur, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghav Prasad, Advocate.

For the Opposite Party/s :

Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 08-04-2021 Heard learned counsel for the petitioner and learned A.P.P. for the State through virtual court proceeding. Learned counsel for the petitioner undertakes to remove the defects within four weeks of resumption of normal court proceeding. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

The petitioner seeks bail in connection with Bishmbharpur P.S. Case No. 105 of 2020 registered for the offence punishable under Section 387 of the Indian Penal Code. As per the prosecution case, on the basis of written petition of informant Kamleshwar Sah, one Pappu and Manish made threatening calls on informant's mobile and demanded

Patna High Court CR. MISC. No.999 of 2021(3) dt.08-04-2021 2/3 extortion money of Rs. 20 lacs.

It is submitted by learned counsel for the petitioner that petitioner has falsely been implicated in this case and has not committed any offence as alleged in the FIR. He submits that petitioner's name has come in the case on the basis of confessional statement of named accused Pappu Kushwaha. He submits that petitioner has been made accused in four cases as mentioned in para 3 of the bail application and petitioner is not named in any above mentioned cases. He is quite innocent and has been falsely implicated in this case. He is neither named in the F.I.R. nor any incriminating article has been recovered from his conscious physical possession. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The petitioner is a government servant as mentioned in para 15 of the bail application and has been languishing in custody since 09.09.2020.

There is nothing in the record indicating the complicity of the petitioner in the occurrence barring the confessional statement of the co-accused which has not evidentiary value in the eye of law.

Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named

Patna High Court CR. MISC. No.999 of 2021(3) dt.08-04-2021 3/3 petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending in connection with Bishambharpur Police Station Case No. 105 of 2020. (Anjani Kumar Sharan, J) GAURAV S./- U T