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Patna High CourtCR. MISC./1147/2023allowed

Prakash Kumar Pandey v. The State Of Bihar

2023-06-19Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1147 of 2023 Arising Out of PS. Case No.-74 Year-2022 Thana- MIRGANJ District- Gopalganj ====================================================== PRAKASH KUMAR PANDEY Son of Jitendra Pandey Resident of Sahebachak, P.S- Mirganj, Dist- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Bhan Singh For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case instituted for the offence under Sections 385 and 387 of the Indian Penal Code.

As per allegation in the FIR, the informant received a message for demand of extortion money of Rs. 5,00,000/- and threatened of dire consequences, if not paid. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR and he has remanded in this case from another case, on the basis of confessional statement of others co-accused, which has got no evidentiary value in the eyes of law. Petitioner has no concern

Patna High Court CR. MISC. No.1147 of 2023(3) dt.19-06-2023 2/2 either with the Lawrence Vishnoi Group or with the mobile number, which is used in demanding of ransom money. He submitted that demand of ransom has not been executed. He further submitted that the other co-accused has already been granted bail by this Bench vide order dated 28.02.2023 passed in Cr. Misc. No. 71242 of 2022. He is languishing in judicial custody since 13.06.2022.

The application for bail is opposed by learned APP for the State.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-XV, Gopalganj in connection with Mirganj P.S. Case No. 74 of 2022. (Sunil Kumar Panwar, J) arish/- U T