Arjun Kumar @ Arjun Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.504 of 2023 Arising Out of PS. Case No.-85 Year-2014 Thana- RAJEPUR District- East Champaran ====================================================== ARJUN KUMAR @ ARJUN KUMAR RAI Son of Brahmdeo Rai Resident of Village- Shobhitapur, P.S.- Rajepur, District- East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Karandeep Kumar For the Opposite Party/s :

Mr.Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-03-2023 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 387/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, in short, is that the informant alleged that on 17.8.2014 at about 9:00 PM, when his son was at the shop, two unknown miscreants came by a motorcycle and demanded extortion money of Rs. 10,00,000/-. It is further alleged that accused persons also made firing and fled away. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case on the basis of suspicion. The petitioner is not named in FIR rather his name has been transpired in the alleged offence during course of investigation.

Patna High Court CR. MISC. No.504 of 2023(2) dt.27-03-2023 2/2 Neither the petitioner was apprehended on spot nor any incriminating article has been recovered from his conscious possession which shows his involvement in this case. Moreover, similarly situated co-accused namely,Umesh Kumar Rai has already been granted bail by a co-ordinate Bench of this Court vide order 20.2.2015 passed in Cr. Misc. No. 7115 of 2015. It is further submitted that the petitioner is languishing in judicial custody since 28.6.2022.

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 custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajepur P.S. Case No. 85 of 2014 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Sikarhana at Dhaka, East Champaran.

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