Patna High CourtCR. MISC./60857/2023allowed

Suman Kumar @ Fantush @ Phantush Kumar v. The State Of Bihar

2023-10-09Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60857 of 2023 Arising Out of PS. Case No.-58 Year-2023 Thana- NAUGACHIA District- Bhagalpur ====================================================== SUMAN KUMAR @ FANTUSH @ PHANTUSH KUMAR son of Dayanand Mandal Village- Kolbara Ps- Maraiya OP Dist- Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kamlesh Kumar Pathak For the Opposite Party/s :

Mr.Ajay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 09-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 387 of the Indian Penal Code.

3. As per prosecution case, the petitioner is alleged to have demanded extortion money of Rs. 10 lakhs from the informant, failing which he threatened him to dire consequence.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to personal enmity. It is also submitted that the petitioner demanded his due money of Rs. 10 lakhs from the informant on the alleged date but the informant denied to fulfil his dues and lodged the false and

Patna High Court CR. MISC. No.60857 of 2023(2) dt.09-10-2023 2/2 fabricated case against the petitioner. Moreover, the petitioner has been remanded in this case from Parbatta P.S. Case No. 67 of 2023 on 25.4.2023 and since then, he he is languishing in judicial custody.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Parbatta P.S. Case No. 58 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-III, Naugachia.

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