Ashish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80624 of 2023 Arising Out of PS. Case No.-649 Year-2023 Thana- SIKARPUR District- West Champaran ====================================================== Ashish Kumar Son Of Sri Manoj Kumar @ Manoj Raut Resident Of MohallaPunani Bazaar, Narkatiaganj, Ward No. 3, Ps- Shikarpur, Distt- West Champaran ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Sagar Kumar For the Opposite Party/s :

Mr.Dilip Kumar No. 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 15-12-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 386, 387 of the Indian Penal Code.

The prosecution case in nutshell is that informant received a call by Shaukat Abbas regarding demand of Rs. Two lakhs and threatened of dire consequences if not paid. The informant along with his nephew kept the bag containing Rs. Two Lakhs on

Patna High Court CR. MISC. No.80624 of 2023(2) dt.15-12-2023 2/3 railway line, as instructed by the caller. It is further alleged that informant again receive a call for demand of Rs. 5 lakhs and threatened of dire consequences if not paid.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has falsely been implicated in the present case. Neither the petitioner is named in F.I.R. nor anything incriminating has been recovered from his conscious possession. The mobile number from which the demand of extortion money has been made, does not belong to the petitioner. The name of petitioner arrayed in this case on the confessional statement of co-accused Abhay Kumar. Moreover, the petitioner is languishing in judicial custody since 13.08.2023. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties

Patna High Court CR. MISC. No.80624 of 2023(2) dt.15-12-2023 3/3 and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail in connection with Shikarpur P.S. Case No. 649 of 2023 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran, Bettiah.

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