Shekh Saheb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84114 of 2023 Arising Out of PS. Case No.-48 Year-2023 Thana- MATIYARIA District- West Champaran ====================================================== SHEKH SAHEB S/O SHEKH BADSHAHI @ SHEKH BADSAH R/O VILLAGE- MEGHWAL MATHIYA, P.S- RAMNAGAR, DISTT.- WEST CHAMPARAN.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Brij Kishor Mishra For the Opposite Party/s :

Mr.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-03-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 387 of the Indian Penal Code.

3. As per FIR, the informant alleged that by an unknown mobile number he used to receive a call and 12 lakh cash was being demanded as ransom, it is also alleged that upon not fulfilling the same, he had to bear dire consequences.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.84114 of 2023(3) dt.19-03-2024 2/3 petitioner has submitted that petitioner is innocent and has committed no offence. Due to criminal antecedent, the petitioner was arrested and upon his self-confession he has been made accused in this case, self confession is not admissible in the eye of law. The petitioner is not named in the FIR and he has no concern with the alleged occurrence. Nothing incriminating article has been recovered from his conscious possession. During course of investigation, coaccused namely, Krishana Chaudhary along with one mobile was recovered and in that mobile, one sim was inserted by which the informant was getting call for demand of ransom. It is further alleged that ransom demand has not been executed. The petitioner is languishing in judicial custody since 06.07.2023.

5. Learned APP appearing for the State has vehemently opposed the prayer of Bail.

6. 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 Matiyariya P.S. Case No. 48 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand)

Patna High Court CR. MISC. No.84114 of 2023(3) dt.19-03-2024 3/3 with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate-Ist Class, Bettiah District West Champaran.

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