← Library
Patna High CourtCR. MISC./65856/2018bail granted

Baban Kumar v. The State Of Bihar

2018-12-21Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.65856 of 2018 Arising Out of PS. Case No.-65 Year-2017 Thana- BARHAT District- Jamui ====================================================== Baban Kumar, Son of Rabindra Yadav, Resident of Village- Surya Badhar, Shivnandan Nagar, P.S.- Barhat, District- Jamui. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Amar Prakash For the Opposite Party/s :

Mr. Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Barhat P.S. Case no. 65 of 2017 registered under Section 385/387 of the Indian Penal Code.

Rupees five lakhs was demanded from the informant telephonically and also by pasting a letter on the door of his shop by a miscreant claiming himself to be Pahari Baba. One Rohit Kumar was apprehended by the police from the destination fixed for payment of the ransom money who disclosed the name of the petitioner in his confessional statement as a person on whose behalf he had demanded money.

Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case due

Patna High Court Cr.Misc. No.65856 of 2018(2) dt.21-12-2018 2/2 to animosity by apprehended accused Rohit Kumar. Barring the disclosure made by the said Rohit Kumar there is nothing on record indicating the complicity of the petitioner in the occurrence. Petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Jamui in connection with Barhat P.S. Case No. 65 of 2017, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Prakash Chandra Jaiswal, J) Trivedi/- U T