Patna High CourtCR. MISC./85613/2023allowed

Nitish Kumar v. The State Of Bihar

2024-01-10Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85613 of 2023 Arising Out of PS. Case No.-716 Year-2023 Thana- MASAUDHI District- Patna ====================================================== Nitish Kumar Son of Bijendra Sharma @ Bijendra Kumar Resident of Village - Gangati, Police Station- Main and District - Gaya. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Aryan Singh For the Opposite Party/s :

Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-01-2024 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 504, 506, 385 and 387 of the Indian Penal Code.

3. It is a case of demand of ransom of Rs. 30 lakh by the petitioner by mobile no. 8969598568.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Petitioner is not named in the FIR. On the basis of disclosure made by coaccused Rashikesh Kumar, the petitioner was arrested and police forcibly took his signature on blank paper and later on the same was manufactured as his confessional statement. Demand of ransom was not executed by the informant. During

Patna High Court CR. MISC. No.85613 of 2023(2) dt.10-01-2024 2/2 investigation, nothing has come against the petitioner to show his complicity in the present case. Alleged SIM, which was used for calling the informant for demand of ransom does not belong to the petitioner. Petitioner is languishing in judicial custody since 20.10.2023.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial magistrate, Masaurhi, Patna in connection with Masaurhi P.S. Case No. 716 of 2023. (Sunil Kumar Panwar, J) sushma/- U