Vikash Kumar @ Vikash Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89952 of 2024 Arising Out of PS. Case No.-207 Year-2024 Thana- LALGANJ District- Vaishali ====================================================== Vikash Kumar @ Vikash Singh S/O Rambabu Singh R/O Village- Kushde, P.O and P.S- Lalganj, Distt.- Vaishali- 805121. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Alok Chandra, Adv.
For the Opposite Party/s :
Mr.Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 14-02-2025 Heard Mr. Alok Chandra, learned counsel for the petitioner and Mr. Ram Bilash Roy Raman, learned APP for the State.
2. The petitioner apprehends his arrest in connection with Lalganj P.S. Case No. 207/ 2024 dated 15.07.2024 registered for the offence(s) punishable under Section(s) 308(5) and 308(4) of the BNS.
3. The main submissions advanced by the petitioner's counsel are that the instant matter relates to extortion demand made from the informant and his son by using several mobile numbers of which details has been mentioned in the FIR and as per the prosecution, the said demand was made from Beur jail by the caller but against this petitioner there is no any incriminating material to show his involvement in the alleged
Patna High Court CR. MISC. No.89952 of 2024(3) dt.14-02-2025 2/3 crime of extortion demand as firstly, the petitioner is not named in the FIR and secondly, he is neither owner nor holder of any of the mobile numbers detailed in the FIR. It is further submitted that in respect of the petitioner's involvement in the alleged crime the prosecution is mainly relying upon the confessional statement of co-accused, Chandan Kumar who revealed in his confessional statement that he and the petitioner firstly recced the informant's house with fire arms and thereafter, opened fire to threaten the informant but regarding the incident of firing, no allegation was made by the informant in the FIR as well as his restatement, so, the said confessional statement of Chandan Kumar, which has no evidentiary value, is highly doubtful and the name of this petitioner has not surfaced in the confessional statement of other co-accused persons given before the police. It is further submitted that some of the co-accused persons have been granted relief of regular bail by this court.
4. Though, learned APP appearing for the State has opposed the bail prayer of the petitioner while pointing out the seriousness of the allegation but he has not been able to refute the aforesaid grounds taken by the petitioner and fairly accepted that against this petitioner, there is no material in the case diary except the confessional statement of the aforesaid co-accused
Patna High Court CR. MISC. No.89952 of 2024(3) dt.14-02-2025 3/3 person.
5. Considering the aforesaid submissions and grounds taken by the petitioner's counsel and mainly the fact that in respect of petitioner's involvement in the alleged crime of extortion demand, the prosecution is mainly relying upon the confessional statement of co-accused, Chandan Kumar which is in itself very doubtful, as pointed out by the petitioner's counsel, in my opinion, it is fit case for grant of anticipatory bail to the petitioner. Accordingly, let the petitioner named-above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail in connection with Lalganj P.S. Case No. 207/ 2024 on furnishing bail bond of Rs. 20,000/-(Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of the Court concerned, subject to the conditions as laid down under Section 482(2) of the BNSS.
(Shailendra Singh, J) BKS/- U T