Vikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85519 of 2019 Arising Out of PS. Case No.-176 Year-2019 Thana- PALIGANJ District- Patna ====================================================== Vikash Kumar, male, aged about 25 years, S/o Late Indrabhushan Singh, R/o village- Kalyanpur, P.S.- Paliganj, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Patanjali Rishi For the Opposite Party/s :
Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 18-03-2020 Heard Mr. Patanjali Rishi, learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The petitioner seeks regular bail in connection with Paliganj P.S. Case No. 176 of 2019, registered for the offence punishable under Sections 385 / 387 of the Indian Penal Code, 1860.
The allegation against the petitioner as per the First Information Report is that the informant received a call from mobile no. 9507517857 and a sum of Rs. 5 lakhs as extortion money was demanded from the informant, failing which, he was threatened with dire consequences.
Mr. Patanjali Rishi, learned counsel appearing for the petitioner submits that the mobile from which the call was made
Patna High Court CR. MISC. No.85519 of 2019(3) dt.18-03-2020 2/3 does not belong to the petitioner and the petitioner has been arrested in this case on the basis of statement made by the owner of the mobile stating that the mobile in question was snatched by the petitioner from Ankush Kumar some time on 17.05.2019 and the present occurrence of demand of extortion has allegedly been taken place on 27.05.2019. Learned counsel further submits that one case under Section 25(1-b)a and 26 of the Arms Act, 1959 has been lodged after lodging of the present F.I.R. against the petitioner in which the petitioner has been granted bail by this court. The petitioner is in jail since 12.07.2019.
Having heard learned counsel for the parties and taking into consideration the fact that name of the petitioner has transpired on the basis of the statement made by the owner of the mobile and the petitioner is in custody since 12.07.2019, I am inclined to grant regular bail to the petitioner. Accordingly, the petitioner, above named, is directed to be released on regular bail on furnishing bail bond of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Danapur, Patna in connection with Paliganj P.S. Case No. 176 of 2019 subject to the condition that
Patna High Court CR. MISC. No.85519 of 2019(3) dt.18-03-2020 3/3 petitioner shall co-operate in the trial and shall be present on each and every date fixed by the Court below and his absence on two consecutive dates without any proper and just explanation will be sufficient to cancel his bail bond. (Anil Kumar Sinha, J) praful/- U T