Anish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72511 of 2023 Arising Out of PS. Case No.-518 Year-2023 Thana- SHASTRINAGAR District- Patna ====================================================== ANISH KUMAR Son of Bashisth Narayan Jha @ Vashishth Tiwari R/o vill - Chiraiya, P.S. - Purnahiya, Distt. - Shivhar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Madhukar Anand For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case instituted for the offence under Sections 384, 506, 120B of the Indian Penal Code and Sections 66(D) and 67(A) of the I.T. Act.

3. As per prosecution case, the informant alleged that since last 10 days he was being annoyed by mobile number of Pooja Kumar and another mobile number, who are sending him his edited photo on his mobile number and demanded Rs. 2 crores from him and threatening him that if he does not do so

Patna High Court CR. MISC. No.72511 of 2023(2) dt.28-11-2023 2/3 then his video will be made viral.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The name of the petitioner has come into light on the basis of confessional statement of co-accused Pooja Kumari, which has got no evidentiary value in the eyes of law. During investigation, on the basis of flimsy and fabricated evidence the petitioner has been made accused in this case. He further submitted that there is no credible and substantial evidence was collected to establish a link between the petitioner and the coaccused or the victim. He is languishing in judicial custody since 16.06.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as the period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-

Patna High Court CR. MISC. No.72511 of 2023(2) dt.28-11-2023 3/3 IX, Patna in connection with Shastrinagar P.S. Case No. 518 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T