Bibhu Singh @ Aishwarya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73551 of 2024 Arising Out of PS. Case No.-287 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== Bibhu Singh @ Aishwarya Kumar Son of Shashi Bhushan Prasad @ Shushi Bhushan Singh R/o -Village- Morsand, P.O. -Morsand, P.S.- Runnisaidpur, Distt. -Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Krishna Murari, Advocate For the State :

Mr. Md. Shakir Ahmad, APP For the Informant :

Mr. Vijay Shanker Tiwari, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 17-12-2024 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Runnisaidpur P.S. Case No. 287 of 2024 instituted for the offence under Sections 126(2), 115(2), 303(2), 308(4), 352 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in a nutshell is that while the informant was on his way to Patna, he was accosted by accused persons, including the petitioner who have demanded extortion to the tune of Rs. 2,00,000/- (Two lakhs) from him as also they have snatched Rs. 35,000/- kept in his pocket.

Patna High Court CR. MISC. No.73551 of 2024(3) dt.17-12-2024 2/3 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 31-08-2024. Petitioner bears five criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Nothing incriminating has been recovered from the possession of the petitioner. Petitioner has been implicated in this case only due to his criminal antecedents. The entire allegation levelled against the petitioner is false and baseless. It is lastly submitted that charge sheet has been submitted in this case.

6.

Learned A.P.P. for the State as also learned cousnel for the Informant have vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that witnesses have supported the prosecution case, which fact finds mention at paragraph No. 5, 9, 10 & 11 of the case diary. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail, after

Patna High Court CR. MISC. No.73551 of 2024(3) dt.17-12-2024 3/3 framing of charge, if not already framed, 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 Runnisaidpur P.S. Case No. 287 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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