Arun Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73117 of 2019 Arising Out of PS. Case No.-112 Year-2019 Thana- MAHINDWARA District- Sitamarhi ====================================================== ARUN KUMAR, aged about 24 years, Male, Son of Kantu Paswan, Resident of Village - Mithnpur (Mithanpura), Ward No.13, P.S.- Ahiyapur, Distt.- Muzaffarpur ... Petitioner

Versus

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

For the Petitioner :

Mr. Ratneshwar Prasad, Adv.

For the Opposite Party :

Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 06-03-2020 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks bail in connection with Mahindwara P.S. Case No. 112 of 2019, registered under Section 386/34 of the Indian Penal Code.

The accusation is that informant, Sanjeev Kumar, was in the way of Rampurhari, then, five persons covering their faces, came on two motorcycles and surrounded his motorcycle and made demand of ransom of rupees one lakh. When he showed his inability to pay the ransom amount, then, they took his bag saying that on paying the ransom amount the bag will be returned. In the meantime, some vehicles were seen coming towards the place of occurrence, then, all accused persons started to flee away with the bag, but, they were chased and one of them, who was on Apache motorcycle, was

Patna High Court CR. MISC. No.73117 of 2019(4) dt.06-03-2020 2/2 apprehended, who disclosed his name Arun Kumar (petitioner) and he also disclosed the names of his four associates Rahul Kumar, Nawal Choudhary, Bittu Kumar and Bhola. Submission is that in fact, due to wrong driving by the informant, petitioner made protest, on which informant gave information to the villagers on mobile, thereafter, petitioner was apprehended and the present case was lodged on the basis of false story. The petitioner has no criminal antecedent and is in custody since 28.08.2019.

Having regard to the facts and circumstances of the case, let the petitioner, above named be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Mahindwara P.S. Case No. 112 of 2019 to the satisfaction of the Chief Judicial Magistrate, Sitamarhi, subject to the condition that out of two bailors, one must either be parent or close relative of the petitioner.

(Rajendra Kumar Mishra, J) Shamshad/- U T