Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79978 of 2023 Arising Out of PS. Case No.-331 Year-2023 Thana- KARJA District- Muzaffarpur ====================================================== Rahul Kumar S/O Dinesh Mahto R/O Village- Karjan Dih, P.S- Karja, Distt.- Muzaffarpur, Bihar- 843143.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amrit Kumar For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 02-01-2024 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 sections 364-A of the Indian Penal Code.

3. As per FIR, informant's son has been abducted while he was coming after closing his jewellery shop but did not return the house at that night. Thereafter, informant received a call from mobile No. 8509374701 and from that side, unknown person demanded Rs. 20 lacs along with jewellery otherwise, your son will be killed.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He

Patna High Court CR. MISC. No.79978 of 2023(3) dt.02-01-2024 2/3 has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case during the course of investigation. It is further submitted from para-11 of this petition that the alleged amount recovered from the petitioner is not the ransom amount but his own amount Rs. 3,50,000/- which he was carrying for business purpose. It is also submitted that the mobile number through which the extortion was alleged to be demanded, does not belong to the petitioner. The victim has not been recovered from the possession of this petitioner and also the ransom demand has not been executed. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 26.09.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Karja P.S. Case No. 331 of 2023 on furnishing bail bond of Rs.10,000/- (ten

Patna High Court CR. MISC. No.79978 of 2023(3) dt.02-01-2024 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Court No.7 of J.M. 1st Class, Muzaffapur (West).

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