Patna High CourtCR. MISC./58167/2023bail granted

Sunny Kumar @ Sunny Singh @ Danny Singh v. The State Of Bihar

2023-09-06Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58167 of 2023 Arising Out of PS. Case No.-184 Year-2022 Thana- AIRPORT District- Patna ====================================================== Sunny Kumar @ Sunny Singh @ Danny Singh S/o Anil Kumar Singh R/o - Paimar Ghat, Paimar, P.s. - Punpun, distt. - Patna. A/P - House of Niraj Kumar Gupta, Sandalpur, P.S. - Alamganj, Distt. - Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pushpendra Priyedarshi, Advocate Mr. Anand Prakash, Advocate For the Opposite Party/s :

Mr. Kalyan Shankar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 06-09-2023 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail, who is in custody since 23.07.2022 in connection with Hawai Adda (Airport) P.S. Case No.184 of 2022, F.I.R. dated 22.07.2023 for the offences punishable under Sections 364(A)/34 of the Indian Penal Code.

3. It is a case of kidnapping of the informant and demanding ransom amount of Rs.20 lakhs by all the F.I.R. named accused persons including the petitioner.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and petitioner has not committed any offence as alleged in the F.I.R.

Patna High Court CR. MISC. No.58167 of 2023(2) dt.06-09-2023 2/3 and he has never demanded any ransom from the informant. He further submits that the allegation as alleged in the F.I.R. that the co-accused namely, Shwet Priya has called upon the victim for insurance and the petitioner was apprehended alongwith coaccused persons with victim. He further submits that similarly situated co-accused persons namely, Happy Kumar, Sumit Singh and Shwet Priya @ Shwet have been granted bail by a different co-ordinate Bench of this Court vide orders dated 22.05.2023, 21.07.2023 and 31.07.2023 passed in Cr. Misc. No. 23472 of 2023, Cr. Misc. No.41755 of 2023 and Cr. Misc. No. 9337 of 2023. He further submits that the police after investigation submitted the charge sheet against the petitioner and the petitioner is in judicial custody since 23.07.2022.

5. The learned Additional Public Prosecutor for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, period of custody and similarly situated co-accused persons have been granted bail by a different co-ordinate Bench of this Hon'ble Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of

Patna High Court CR. MISC. No.58167 of 2023(2) dt.06-09-2023 3/3 the learned A.C.J.M.-XI, Patna in connection with Hawai Adda (Airport) P.S. Case No. 184 of 2022, subject to the following conditions:-

1. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

2. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

3. And further condition that 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 step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) mdrashid/- U T