Praduman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69905 of 2021 Arising Out of PS. Case No.-327 Year-2021 Thana- RAJGIR District- Nalanda ====================================================== PRADUMAN KUMAR Son of Jaigobind Paswan Resident of Village - Upadhyabigaha, P.S.- Makhdumpur, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr.Ram Sumiran Rai, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 26-04-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks bail in a case registered for the offences punishable under Section 387 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 05.09.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that the informant alleges that he received an extortion call from mobile no. 8272996242 and the caller demanded extortion of Rs. 10 lakhs and even sent a threatening message from the said mobile, accordingly the FIR was instituted against the holder of the aforesaid mobile number.

Patna High Court CR. MISC. No.69905 of 2021(2) dt.26-04-2022 2/3 Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the present case, he is a student and is serving as Manager of Sagar Inn Hotel whose owner is the informant and since the petitioner was demanding his dues amount of salary as such he came to be falsely implicated in the present case. Learned counsel further submits that the mobile belongs to the cousin brother of the petitioner namely, Sanjit Kumar and since the petitioner was working in the hotel of the informant and he had dues with regard to his salary, as such the cousin brother of the petitioner had also come to talk to the informant on which the informant very slyly took his mobile and created the said call and the message. Learned counsel submits that it absolutely does not stand to reason that if a person has to make an extortion call he would make the call from his own mobile and thus create evidence against himself and get implicated. It is further submitted that not a single amount of extortion was paid.

Learned A.P.P. for the State opposes the prayer for bail of the petitioner.

Considering the fact that the petitioner is in custody since 05.09.2021, is a person with clean antecedent, chargesheet has been submitted in the case and taking into

Patna High Court CR. MISC. No.69905 of 2021(2) dt.26-04-2022 3/3 consideration the submissions advanced by the learned counsel for the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Rajgir P.S. Case No. 327 of 2021.

(Satyavrat Verma, J) Rishi/- U T