Patna High CourtCR. MISC./63046/2023bail granted

Subham Kumar v. The State Of Bihar

2023-10-06Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63046 of 2023 Arising Out of PS. Case No.-385 Year-2022 Thana- PALIGANJ District- Patna ====================================================== Subham Kumar, Male, aged 22 years, S/O Rajesh Kumar R/O VillageTravana Naubatpur, P.S- Naubatpur, Distt.- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudra Deo, Adv.

For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 06-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks bail in connection with Paliganj P.S. Case No. 385 of 2022 dated 05.09.2022 instituted for the offences under Section 384/506 of the Indian Penal Code.

3. As per the prosecution case, Rs. 5,00,000/- was demanded as Rangdari from the holder of Mobile No. 8298002114 to the Informant's Mobile Nos. 7491028241 and 7352652758 respectively. The Informant was also threatened that in failure to give the amount, he and his family would be killed.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.63046 of 2023(2) dt.06-10-2023 2/3 petitioner is innocent and has falsely been implicated in the present case. The petitioner has eleven (11) criminal antecedents as stated in paragraph no.3 of the present bail petition. The petitioner is in judicial custody since 03.11.2022.

5. Learned APP has vehemently opposed the bail petition of the petitioner.

6. Considering the entire facts and circumstances of the case, the petitioner, above named, is directed to be released on bail on his furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial MagistrateIV, Danapur, Patna in connection with Paliganj P.S. Case No. 385 of 2022, subject to the following two conditions; (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bonds of the petitioner are liable to be cancelled.

(ii) If the petitioner is found involved in similar nature of offence in future, the prosecution will have liberty to move for cancellation of his bail bonds.

Patna High Court CR. MISC. No.63046 of 2023(2) dt.06-10-2023 3/3

7. The petition stands allowed.

(Chandra Prakash Singh, J) rishi/- U T