Jyotish Kumar @ Jyotish Kumar Mandal @ Prem Sagar @ Prem Sagar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59605 of 2024 Arising Out of PS. Case No.-38 Year-2024 Thana- MAHISHI District- Saharsa ====================================================== JYOTISH KUMAR @ JYOTISH KUMAR MANDAL @ PREM SAGAR @ PREM SAGAR KUMAR SON OF RAM MANDAL @ RAM KUMAR MANDAL R/V- VILLAGE- MURLI, P.S.- NAUHATAA, DIST.- SAHARSA ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ramchandra Jha Raman For the Opposite Party/s :

Mr.J.N. Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 28-08-2024 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State.

2. The petitioner is seeking regular bail in connection with Mahishi P.S. Case No. 38 of 2024 for the offences punishable under Sections 363A/34 of the Indian Penal Code.

3. As per allegation, the petitioner and other coaccused persons kidnapped the son of the informant when he was returning to his house. Thereafter, co-accused Prem Sagar @ Jyotish Kumar Mandal (the petitioner) demanded ransom of Rs. 1,50,000/- on mobile number of elder brother of the victim.

4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. He has further submitted that the names of co-accused persons have specifically mentioned in the FIR, which shows

Patna High Court CR. MISC. No.59605 of 2024(2) dt.28-08-2024 2/2 that they were known to the informant. As a matter of fact, there was some business dispute between the parties and the money, which is alleged to be paid into account of the petitioner through Paytm is not a ransom rather the money was already dues to the victim. The petitioner is a person of clean antecedent and is under custody since 24.04.2024.

5. On the other hand, the learned APP for the State has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, especially the clean antecedent of the petitioner, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand rupees) with two sureties of the like amount each to the satisfaction of learned SDJM, Saharsa in connection with Mahishi P.S. Case No. 38 of 2024, subject to the condition that the petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Nawneet Kumar Pandey, J) Nirmal/- U T