Sunny Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68400 of 2023 Arising Out of PS. Case No.-140 Year-2022 Thana- BARABAR TOURIST DistrictJehanabad ====================================================== Sunny Kumar, Son Of Ramesh Thakur, Resident Of Village - Bhaikh, P.S. - Vishunganj OP, District - Jehanabad.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 01-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner in the present case is seeking prearrest bail in connection with Barabar Parytak (Vishunganj OP) P.S. Case No. 140 of 2022 registered for the offences punishable under Sections 386, 387, 34 of the Indian Penal Code and Section 27 of the Arms Act. He has got no criminal antecedent.

3. As per the prosecution story, on 07.09.2022 at about 12:30 P.M., the accused persons came at the site of the construction of school and threatened the labourers of the informant to stop the construction work and shot two rounds of firing. It is alleged that they left one letter of rangdari and a phone number. When the informant talked on the said phone number, they asked for Rs.12 lakhs as rangdari and threatened to

Patna High Court CR. MISC. No.68400 of 2023(2) dt.01-11-2023 2/3 kill him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. It is submitted that the petitioner is not named in the FIR rather his name has transpired in the confessional statement of the co-accused and there is no identification of the petitioner by the informant.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Having regard to the facts and circumstances of the case wherein this petitioner is not named in the FIR, his name has transpired in the confessional statement of the co-accused but there is no identification of the petitioner by the informant and the supplementary investigation against him has been kept pending, the petitioner has otherwise no criminal antecedent, this Court directs that in case of his arrest or surrender within a period of six weeks from today, the petitioner above named be released on bail in connection with Barabar Parytak (Vishunganj OP) P.S. Case No. 140 of 2022 on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-1st Class, Jehanabad, subject to the conditions as

Patna High Court CR. MISC. No.68400 of 2023(2) dt.01-11-2023 3/3 laid down under Section 438(2) of the Cr.P.C.

7. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

8. This application stands allowed.

(Rajeev Ranjan Prasad, J) SUSHMA2/- U T