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Patna High CourtCR. MISC./83396/2023bail granted

Vishal Kumar Singh v. The State Of Bihar

2024-02-19Mr. Justice R. P. Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83396 of 2023 Arising Out of PS. Case No.-116 Year-2023 Thana- BHAGWANPUR District- Vaishali ====================================================== Vishal Kumar Singh S/O Manoj Singh @ Manoj Kumar Singh Resident Of Village- Harpur Kasturi, P.S.- Bhagwanpur, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mr. Md. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 19-02-2024 Heard learned counsel for the petitioner and learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Bhagwanpur P.S. case No. 116 of 2023 instituted for the offences under Sections 341, 323, 363, 364(A) of the Indian Penal Code.

3. Prosecution allegation, in short, is that the informant received a call on his mobile through which he came to know that his brothers are in possession of the caller. The caller further demanded ransom of Rs. 50,000/- for their release.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case on the basis of suspicion. The petitioner is not named in the FIR and

Patna High Court CR. MISC. No.83396 of 2023(4) dt.19-02-2024 2/2 his name transpired in the case on the basis of the self confessional statement. Charge-sheet has been submitted in this case. Similarly situated co-accused person has already been granted bail by a Coordinate Bench of this Court vide order dated 02.01.2024 passed in Cr. Misc. No. 82557 of 2023. It has been submitted on behalf of the petitioner that the petitioner is in custody since 16.05.2023 and has two criminal antecedents and he is on bail in both the cases.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, claim based on parity, as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner 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 Bhagwanpur P.S. case No. 116 of 2023.

(Rudra Prakash Mishra, J) Alok Verma/- U T