This oral order grants bail to the petitioner in a kidnapping case involving extortion. The petitioner, a rickshaw puller with no prior record, was in custody and claimed mistaken identity. He is directed to furnish a bond.
Petitioner released on bail on furnishing bail bonds of Rs. 10,000 with two sureties.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46534 of 2022
Arising Out of PS. Case No.-88 Year-2022 Thana- BIKRAM District- Patna
======================================================
ANIL PASWAN Son of Late Ram Prasad Paswan R/v- Khoritha, PS- Bikram Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Shashank Shekhar For the Opposite Party/s : Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 28-11-2022
Heard the learned counsel for the petitioner
and the learned APP for the State.
The petitioner, who is in custody since
05.03.2022 seeks bail in connection with Bikram P.S. Case No. 88 of 2022 instituted for the offences under Sections 384/387 of the Indian Penal Code.
The informant was asked on telephone to pay-up
Rs. One Lac as ransom amount / protection money. The petitioner was apprehended from near the shop of the informant when he had gone to collect the money as was demanded by the kidnapper.
Hence, the present case.
Patna High Court CR. MISC. No.46534 of 2022(2) dt.28-11-2022 2/3
The petitioner is said to have made a confession
leading to arrest of two persons from whom, except for mobile telephones belonging to them, nothing incriminating was recovered.
Afore-stated two persons are said to be on bail.
The learned counsel for the petitioner has
submitted that it is a case of mistaken identity. The petitioner, perhaps, in an inebriated state, was displaying drunken / abusive behaviour when he was caught at a wrong time when the informant had already filed a case regarding his having received a telephone call asking for the ransom amount.
The petitioner earns his livelihood by pulling rickshaw.
Considering the nature of accusation against the petitioner and the period of custody, he is directed to be released on bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate -VI, Danapur (Patna), in connection
Patna High Court CR. MISC. No.46534 of 2022(2) dt.28-11-2022 3/3
with Bikram P.S. Case No. 88 of 2022.
While saying so, this Court has also taken note of
the fact that the petitioner does not have criminal
antecedents.
(Ashutosh Kumar, J)
sunilkumar/-
U T
2 issues framed by the court
Whether the petitioner, who is a first-time offender involved in a kidnapping case with alleged mistaken identity, should be granted bail.
Whether the period of custody and nature of accusation warrant the release of the petitioner on bail.
1 provisions across 1 enactments
ANIL PASWAN
THE STATE OF BIHAR
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
