Sujit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76701 of 2023 Arising Out of PS. Case No.-153 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Sujit Kumar S/O Raj Kumar Singh Resident of Village-Mabageshwari Bam Baba, P.S.-Delha, Dist.-Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Prithivi Raj Singh, Adv.
For the Opposite Party/s :
Mr. Yogendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 04-12-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in connection with Khodawandpur (Chhorahi O.P.) P.S. case No. 153 of 2023 instituted for the offences under Sections 419, 420, 341, 342, 323, 384, 386, 120(b), 34 of the Indian Penal Code.
3. The prosecution story, in short, is that for the last some times, the co-accused/Adarsh Kumar used to call on the mobile of the husband of the Informant regarding his engagement in a private company. On the said promise, the husband of the Informant left for Patna on 22.05.2023 and on 23.05.2023, a call was received on the mobile of the Informant that if she wants her husband safe, she will have to deposit Rs.
Patna High Court CR. MISC. No.76701 of 2023(2) dt.04-12-2023 2/3 6,00,000/- in the A/c No. 50100335885938 and also threatened of dire consequences.
4. Learned counsel for the petitioner submits that the petitioner is an innocent person and has falsely been implicated in the present case. Learned counsel for the petitioner submits that general and omnibus allegation has been made against the petitioner. The petitioner is not named in the F.I.R. and his name has surfaced in the present case on the basis of confessional statement of co-accused/Adarsh Kumar. The mobile from which the calls were made has been recovered from the possession of co-accused/Adarsh Kumar. Nothing incriminating has been recovered from the conscious possession of the petitioner. He further submits that the petitioner has got no criminal antecedent and the charge-sheet has been submitted by the police.
5. The petitioner is in custody since 24.05.2023.
6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.
7. Considering the aforesaid facts and circumstances of the case and the petitioner having no criminal antecedent as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.
Patna High Court CR. MISC. No.76701 of 2023(2) dt.04-12-2023 3/3
8. Let the petitioner, abovenamed, be released on bail 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 Khodawandpur (Chhorahi O.P.) P.S. case No. 153 of 2023.
(Rudra Prakash Mishra, J) rishi/- U T