Pappu Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.60499 of 2023 Arising Out of PS. Case No.-97 Year-2020 Thana- VISHAMBHARPUR District- Gopalganj ====================================================== Pappu Kushwaha Son Of Vijay Kushwaha @ Vijay Kumar Kushwaha R/O Vill - Niranjana, P.S. - Yadopur, Distt. - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Adesh Raj For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-12-2023 Heard learned counsel for the petitioner and learned A.P.P appearing on behalf of the State. The petitioner is languishing in custody in a case registered for the offences punishable under Sections 307, 387, 386, 34 of the Indian Penal Code and Section 27 of the Arms Act.

It is alleged that four accused persons entered into the clinic of the informant and on the point of pistol, demanded 20 lackhs as extortion and in case of nonfulfillment of ransom demand, they threatened of dire

Patna High Court CR. MISC. No.60499 of 2023(4) dt.18-12-2023 2/3 consequences.

It is submitted by learned counsel for the petitioner that petitioner is innocent and he has falsely been implicated in this case. The petitioner is not named in the F.I.R nor he was apprehended from the spot. The name of the petitioner subsequently sprang up on the confessional statement of co-accused. Nothing has been recovered from the conscious possession of the petitioner. Admittedly, no ransom demand was paid to anyone. The petitioner is languishing in custody since 08.03.2022.

In contra, learned A.P.P appearing on behalf of the State has vehemently opposed the prayer for bail of the petitioner.

Considering the facts aforesaid and the period under custody, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of learned Additional Sessions

Patna High Court CR. MISC. No.60499 of 2023(4) dt.18-12-2023 3/3 Judge-X, Gopalganj in connection with Vishambharpur P.S. Case No. 63 of 2022.

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