Allowed

Abhishek Kumar Singh @ Abhishekh Kumar @ Abhishek Kumar v. The State Of Bihar

Patna HC2 Feb 2016CR. MISC./49351/2015

Case brief

AI extract

What is this about?

In criminal miscellaneous appeal regarding bail, the Patna High Court granted bail to the petitioner accused of extortion and related offences. The court considered the false implication in the FIR and allowed release on a personal bond. This judgment is classified as writ and judicial review due to its procedural origin in a bail plea.

What did the court decide?

Directed petitioner to be released on bail on execution of bond of Rs. 10,000 with two sureties.

Abhishek Kumar Singh @ Abhishekh Kumar @ Abhishek Kumar… — Cheating and Forgery | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.49351 of 2015

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Arising Out of PS.Case No. -239 Year- 2014 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI)

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====================================================== Abhishek Kumar Singh @ Abhishekh Kumar @ Abhishek Kumar son of Niranjan Kumar Singh Resident of Village - Chamahi (Chiraiya), P.S. - Shikarkganj, (Chiraiya), District - East Champaran. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Virendra Kuar For the Opposite Party/s : Mr. Anita Kumari (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 02-02-2016 Heard learned counsel for the petitioner and learned A.P.P. representing the State. The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 239 of 2014 registered for the offences punishable under Sections 384, 385 and 386 of the Indian Penal Code. Allegedly, on the mobile of the informant a ransom call from mobile no. 7546027887 came demanding Rs. 25,00,000 otherwise the result will be very bad and thereafter, again call was made but the same was not received and then message came demanding the ransom.

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Submission is of false implication and the petitioner is not named in the First Information Report, the alleged mobile does not belong to the petitioner, he is not member of any Azad Hind Fauj, no incriminating article has been recovered from possession

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Patna High Court Cr.Misc. No.49351 of 2015 (3) dt.02-02-2016

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of the petitioner and only on the basis of confessional statement of Mamta Devi and Akhilesh Kumar Singh, he has been implicated in this case resulting he is suffering in custody since 17.06.2015, co-accused Bhola Kumar has been allowed bail and, as such, the petitioner also deserves sympathetic consideration, to which the learned A.P.P. opposes.

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In the facts and circumstances stated above, considering the detention of the petitioner, now he is also directed to be released on bail on execution of bail bond of Rs. 10,000/(ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Judicial Magistrate, 1st Class, Motihari arising out of Kalyanpur P.S. Case No. 239 of 2014 subject to the conditions that one of the bailors must be near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

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(Jitendra Mohan Sharma, J)

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sushma/U T

Abhishek Kumar Singh @ Abhishekh Kumar @ Abhishek Kumar v. The State Of Bihar

Case brief

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What did the court decide?

Abhishek Kumar Singh @ Abhishekh Kumar @ Abhishek Kumar v. The State Of Bihar

Case brief

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What did the court decide?

What the court decided

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