Happy Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71054 of 2022 Arising Out of PS. Case No.-399 Year-2022 Thana- OBRA District- Aurangabad ====================================================== Happy Kumar S/O Akshay Singh @ Akshayavat Singh R/O Village- Paswa, P.S.- Daudnagar, Distt- Aurangabad (Bihar).

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Binod Kumar Pandey For the Opposite Party/s :

Mr.Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-04-2023 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 384, 467, 468, 469, 34 of the Indian Penal Code.

As per prosecution case, on 09.10.2022 after getting a secret information that some persons were illegally extorting road tax by stopping and threatening to passing trucks, after that informant along with police party reached at the NH-139 near Ankit Poultry farm and apprehended this petitioner and on search of his body, bundle of fake

Patna High Court CR. MISC. No.71054 of 2022(3) dt.13-04-2023 2/3 money receipts and mobile were recovered from his possession.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. It is submitted that no ransom money was recovered from his conscious possession and mobile belongs to him and the alleged motorcycle is on the name of his father. It is further submitted that petitioner is also suffering from Seizure disorder a kind of Neuron/Mental problem and his treatment is going on. Petitioner has got no criminal antecedent moreover, he is languishing in judicial custody since 10.10.2022.

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 as well as judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Obra P.S. Case No. 399 of 2022 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.71054 of 2022(3) dt.13-04-2023 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Daudnagar Aurangabad. (Sunil Kumar Panwar, J) Manish/- U T