Sameer Kumar @ Raja Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64722 of 2022 Arising Out of PS. Case No.-40 Year-2020 Thana- BIDUPUR District- Vaishali ====================================================== Sameer Kumar @ Raja Yadav Son of Subhash Prasad Singh Resident of village - Khilwat, P.S.- Bidupur, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shivjee Singh For the Opposite Party/s :

Mr.Akshay Lal Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 385 and 386 of the Indian Penal Code.

As per prosecution case, the informant being a proprietor of Gaurav Vastralaya, alleged that on 21.01.2020, he received a call on his mobile and the caller demanded Rs. 1 crore as ransom within 10 days. It is further alleged that he also called on another day thereafter, this FIR has been lodged by informant against unknown.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in FIR rather he has falsely been

Patna High Court CR. MISC. No.64722 of 2022(2) dt.21-02-2023 2/2 implicated in this case on the basis of suspicion. The name fo the petitioner came into light in this case on the basis of confessional statement of co-accused namely, Anand Prakash, which has got no evidentiary value in the eye of law. After inquiry, it was found that said mobile number was not used during that time and the same was not registered on the name of this petitioner. Moreover, the petitioner is languishing in judicial custody since 29.04.2022.

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

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bidupur P.S. Case No. 40 of 2020 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist. Class, Vaishali at Hajipur.

(Sunil Kumar Panwar, J) Aman/ManishU T