Parash Thakur @ Paras Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5181 of 2024 Arising Out of PS. Case No.-104 Year-2023 Thana- SHYAMPUR BHATHAN DistrictSheohar ====================================================== Parash Thakur @ Paras Thakur S/o Late Bhulan Thakur Resident of VillageManiyarpur, P.S.- Rajepur, District- East Champaran. ... ... Petitioner/s
Versus
The State of Bihar Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kundan Rathore For the Opposite Party/s :
Mr.Kanhiya Kishor ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Shyampur Bhatanha P.S. Case No. 104 of 2023 registered for the offences punishable under Sections 386 and 34 of the Indian Penal Code.
3. As per prosecution case, informant received a call from unknown mobile number 7995074060 and rupees one lakh was demanded as ransom and it was said that if the demand of ransom was not fulfilled, the informant would be killed like his father.
4. Learned counsel for the petitioner submits that petitioner is in custody since 20.09.2023. Petitioner bears no
Patna High Court CR. MISC. No.5181 of 2024(2) dt.13-02-2024 2/3 criminal antecedent. Charge-sheet has already been submitted and there is no likelihood of tampering with the prosecution evidence. Learned counsel orally submits that petitioner is not named in the FIR, the name of present petitioner has been transpired on the basis of CDR. Learned counsel submits that petitioner is innocent and has committed no offence as alleged in the F.I.R. He is a senior citizen and he is unaware with the technicality of the mobile. The petitioner gave his mobile to one Dilip Sahni who is the co-villager of petitioner and he has no knowledge that Dilip Sahani is misusing his mobile. Petitioner is not in any way connected with the alleged occurrence.
5. The learned A.P.P. for the State opposes the prayer for bail of the petitioner.
6. Considering the facts and circumstances of the case, period of custody, keeping in view clean antecedent of the petitioner, argument advanced on behalf of both sides and also taking into consideration the material available on record, 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 to the satisfaction of learned Chief Judicial Magistrate/concern court, Sheohar in connection with Shyampur Bhatanha P.S. Case No. 104 of 2023, subject to
Patna High Court CR. MISC. No.5181 of 2024(2) dt.13-02-2024 3/3 following conditions:- (i) One of the bailors shall be either father or mother or sister or brother or wife or the person who has sworn the affidavit in bail application.
(ii) Petitioner will co-operate in trial and will remain present on all dates and absence for two consecutive dates without appropriate permission, would be a ground for cancellation of bail by the learned Trial court itself.
(iii) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(iv) If the petitioner is found involved in similar nature of offences in future, the learned trial court shall be at liberty to cancel his bail bond.
(Alok Kumar Pandey, J) amitkr/- U T