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Patna High CourtCR. MISC./50416/2022allowed

Shekhar Singh v. The State Of Bihar

2023-11-06Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50416 of 2022 Arising Out of PS. Case No.-26 Year-2022 Thana- AAJAM NAGAR District- Katihar ====================================================== Shekhar Singh Son Of Bipin Singh R/O Village- Balwa Toli, Malikpur Jaja, P.S.- Kadwa, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajit Kumar Singh For the Opposite Party/s :

Mr.Khurshid Anwar(App195) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 302, 201, 120(B), 364(A), 365 of the Indian Penal Code.

3. Prosecution case in nutshell is that informant's son namely, Md. Sahrul, on receiving call on mobile, went outside on his motorcycle but did not return. Even after intense search, he remain trace-less. On 1.2.2022, informant received a call through which a ransom of Rs. 50,00,000/- was demanded and

Patna High Court CR. MISC. No.50416 of 2022(5) dt.06-11-2023 2/3 threatened him that if the demand would not be fulfilled, his son and informant would be murdered.

4. It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor there is any eye witness of the alleged occurrence. His name sprang up in this case on the confessional statement of co-accused Mithlesh Singh. Moreover, the petitioner is languishing in judicial custody since 04.02.2022. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Other co-accused, namely, Bhibhishan Kumar Singh person has been granted bail vide order dated 13.10.2023, passed in Cr. Misc. No. 59862 of 2023, by this Court.

5. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

6. Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.50416 of 2022(5) dt.06-11-2023 3/3 circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Azam Nagar (S) P.S. Case No. 26 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge V, Katihar.

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