Lalu Kumar @ Abhiraj v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68926 of 2024 Arising Out of PS. Case No.-153 Year-2024 Thana- NAGAR District- Vaishali ====================================================== Lalu Kumar @ Abhiraj Son of Sunil Rai Resident of Village- Chakwama, PSTown Hajipur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shyameshwar Kumar Singh, Advocate For the Opposite Party/s :

Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-12-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Hajipur Town P.S. Case No. 153 of 2024 instituted for the offences under Section 387 of the Indian Penal Code. 3.

As per prosecution case, the accusation against the petitioner is of being involved in demanding extortion money of Rs. 50 lakhs from the Informant over mobile phone bearing no. 9122422056 and also threatened him of dire consequences if the payment is not made.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case.

Patna High Court CR. MISC. No.68926 of 2024(3) dt.06-12-2024 2/3 The petitioner is not named in the F.I.R. as the same has been registered against the unknown and his name has surfaced in this case on the basis of the confessional statement of the coaccused Abhishek Kumar. He further submits that nothing incriminating has been recovered from the conscious possession of the petitioner. The SIM card which was used in the alleged offence was used in the Nabab Rai's mobile, who is the father of the co-accused Abhishek Kumar and, thus, the petitioner has got no concern with the alleged offence. The petitioner has three criminal antecedents and is languishing in judicial custody since 12.03.2024 without any rhymes or reason. Charge-sheet has been submitted against the petitioner under Sections 387 & 120(B)/34 of the Indian Penal Code.

5.

Learned counsel for the petitioner again submits that the co-accused namely Vikash Kumar has been granted bail by this Court vide order dated 06.09.2024 passed in Cr. Misc. No. 65434 of 2024.

6.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner,

Patna High Court CR. MISC. No.68926 of 2024(3) dt.06-12-2024 3/3 let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Hajipur Town P.S. Case No. 153 of 2024.

(Rudra Prakash Mishra, J) Raj Kishore/- U T