Patna High CourtCR. MISC./48050/2024bail rejected

Karan Kumar v. The State Of Bihar

2024-11-20Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48050 of 2024 Arising Out of PS. Case No.-68 Year-2024 Thana- HARSIDHI District- East Champaran ====================================================== Karan Kumar SON OF Motilal Mahato VILLAGE- UJJAINLOHIYAR GHAIGHAT, PS- HARSIDHI, DIST- EAST CHAMPARAN ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Adv.

For the Opposite Party/s :

Mr. Braj Kishore Pd., APP Mr. Umanath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 20-11-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in a case in connection with Harsidhi P.S. Case No. 68 of 2024 dated 13.02.2024 registered for the offence/s punishable u/ss 364A read with Section 34 of the Indian Penal Code.

3. As per the prosecution case, unknown miscreants are alleged to have kidnapped the informant's son by vehicle bearing Reg. No. BR-01-FY-9395 and the accused person also called the informant by a mobile number 9572182900 and demanded Rs. 3,00,000/- as ransom.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.48050 of 2024(3) dt.20-11-2024 2/3 this case. The petitioner is not named in the F.I.R. The name of the petitioner has transpired in this case on the basis of the statement of the victim recorded under Section 164 of the Cr.P.C. The petitioner is neither the owner of the mobile number nor the owner of the said vehicle and he has no concern with the alleged offence. The petitioner has two criminal antecedent as stated in para 3 of the bail petition. The co-accused persons has been granted regular bail by this Court vide order dated 25.06.2024 passed in Cr. Misc. No. 42431 of 2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner. As per Para-20 of the case diary, the statement of the informant's son recorded under Section 164 of the Cr.P.C. has stated that he called on the mobile phone of the S.H.O. and stated that the kidnappers fled away after leaving him near the bus stand on Dhaka Road in Motihari.

6. Considering the aforesaid facts and the circumstances of the case as well as the gravity of offence against the petitioner, I am of the view that no case for grant of anticipatory bail is made out. The petition is rejected and the petitioner is directed to surrender to the Court below within four weeks from the date of this order and the Court below will consider the prayer of bail of the petitioner without being

Patna High Court CR. MISC. No.48050 of 2024(3) dt.20-11-2024 3/3 prejudiced by this order.

7. This application stands rejected.

(Chandra Prakash Singh, J) shivam/- U