Satish Kumar @ Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59153 of 2022 Arising Out of PS. Case No.-400 Year-2022 Thana- MUFFASIL District- West Champaran ====================================================== SATISH KUMAR @ VIKASH KUMAR S/o Sri Bhupnarayan Singh R/VBadhai Tola, Bahadurpur, P.S.- Govindganj, Distt- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma, Adv.

For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 21-03-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 342, 307, 506, 384, 387, 354-C and 354-D of the Indian Penal Code.

According to prosecution case, there is allegation against the petitioner of capturing the family members of the informant on the point of revolver and demanded Rs. 5 lac as ransom. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in the present case. He further submits that the allegation against the petitioner, as alleged in the F.I.R. is false and fabricated and no such occurrence as alleged in the F.I.R. has taken place. He further submits that for the same occurrence, two F.I.R. have been

Patna High Court CR. MISC. No.59153 of 2022(5) dt.21-03-2023 2/2 instituted. One is Bettiah Muffasil P.S. Case No. 400/2022 i.e. the present case and another is Bettiah Muffasil P.S. Case No. 401/2022. He further submits that the petitioner was arrested in Bettiah Muffasil P.S. Case No. 401/2022 on 23.05.2022 but remanded in the present case on 10.06.2022.

The learned counsel for the informant as well as learned Additional Public Prosecutor for the State have vehemently opposed the prayer for bail of the petitioner and submits that the bail of the petitioner was rejected in Bettiah Muffasil P.S. Case No. 401/2022 vide order dated 07.02.2023, passed in Cr. Misc. No.52769/2022 by co-ordinate Bench of this Court and the allegation in the present case is same and it has come during investigation that the petitioner has captured the family members of the informant.

Considering the aforesaid facts, I am not inclined to enlarge the petitioner on bail in connection with Bettiah Muffasil P.S. Case No.400 of 2022, pending in the court of learned Chief Judicial Magistrate, West Champaran at Bettiah. Prayer is refused.

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