Manish Kumar @ Manish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54027 of 2024 Arising Out of PS. Case No.-154 Year-2024 Thana- BIKRAMGANJ District- Rohtas ====================================================== Manish Kumar @ Manish Kumar Singh, S/o Ramashankar Singh, R/o Village- Shahpur, P.O- Bradhi, P.S- Sasaram (Mufassil), Distt.- Rohtas. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh, Adv.

For the Opposite Party/s :

Ms. Suman Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 25-09-2024 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks regular bail, who is in custody in connection with Bikramganj P.S. Case No. 154 of 2024 registered for the offences punishable under Sections 341, 342 and 364/34 of the Indian Penal Code.

3. The allegation against the petitioner is of kidnapping the informant and demanding Rs. 4 lac, failing which he was threatened with dire consequences.

4. Learned counsel for the petitioner contended that the narratives made in the FIR clearly suggests that the FIR has been instituted on the premise of theft of some articles, which was being carried by the informant through his pickup van. It is further contended that barring the allegation of demand of

Patna High Court CR. MISC. No.54027 of 2024(3) dt.25-09-2024 2/3 extortion, there is no material suggesting that any money has been transferred. Even if the allegation is taken to be true, no case much less under Section 364 I.P.C., is made out against the petitioner. The petitioner is a man of fair antecedent and now he has been incarcerated since 22.03.2024. Moreover, the investigation of the crime is complete and the charge-sheet has been submitted.

5. On the other hand, learned counsel for the State opposed the bail application and submitted that the informant was made captive by the petitioner and the demand of extortion was also made.

6. Regard being had to the submissions made on behalf of the parties and considering the nature of allegation levelled in the FIR and the genesis for lodging of the FIR, coupled with the fair antecedent of the petitioner, let the petitioner, named above, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Bikramganj, Rohtas in connection with Bikramganj P.S. Case No. 154 of 2024, subject to the condition that one of the bailors will be the close relatives of the petitioner with further conditions which are as follows:-

Patna High Court CR. MISC. No.54027 of 2024(3) dt.25-09-2024 3/3 (i) The petitioner will cooperate in conclusion of the trial.

(ii) He will remain present on each and every date of trial till disposal of the case.

(iii) He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. (iv) In the event of default of two consecutive dates without any cogent reason, his bail bonds will liable to be cancelled.

(v) The court below shall verify the criminal antecedent of the petitioner and, in case, at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take immediate step for cancelling the bail bond of the petitioner. However, the acceptance of bail bonds, in terms of the above-mentioned order, shall not be delayed for this purpose or in the name of verification.

(Harish Kumar, J) rohit/- U T