Kaushal Kishore Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64574 of 2023 Arising Out of PS. Case No.-217 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Kaushal Kishore Pandey Son Of Late Bashisht Pandey Resident Of Village - Harsahari, P.S. - Sikarpur, District - West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Kumar Gupta For the Opposite Party/s :

Mr.Mithlesh Kumar Khare ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 386, 387 and 120B of the Indian Penal Code.

3. As per FIR, informant received a call from a number i.e., 9784642752 and from this number unknown person demanded one crore rupees ransom. Further alleged that if the demand is not executed in two days then son of the informant will be killed.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis

Patna High Court CR. MISC. No.64574 of 2023(3) dt.03-11-2023 2/2 of confessional statement of other co-accused person, namely, Sawan Kumar before the police which has got no evidentiary value in the eye of law and he has already been granted bail by this Court vide order dated 13.10.2023. in Cr. Misc. No. 65520 of 2023. It is further submitted that the mobile number which was used for demanding ransom, does not belong to the petitioner. He has no concern with the alleged offence. Moreover, he is languishing in judicial custody since 21.06.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Sikarpur P.S. Case No. 217 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah. (Sunil Kumar Panwar, J) shubham/- U T