In a bail petition concerning false implication in a criminal case for extortion related offenses, the High Court approved the petitioner's release upon furnishing a bail bond and two sureties.
Petitioner released on bail with a bond of Rs. 10,000/- and two sureties of the like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25123 of 2023
Arising Out of PS. Case No.-473 Year-2022 Thana- FATEHPUR District- Gaya
======================================================
Rohit Kumar S/O Pramod Prasad R/O Village- Neemchak, P.S -Kashichak, Distt- Nawada(Bihar) At Present Resident Of New Colony Mahadev Asthan, Shekhpura, P.S- Shekhpura, Distt.- Shekhpura(Bihar)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Dhananjay Kumar Tiwary For the Opposite Party/s : Mr.Mukesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER
2 23-05-2023
Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 334, 307, 387, 34 of the Indian Penal Code and Section 27 of Arms Act.
As per prosecution case, the informant alleged that a call was come by name of one Naresh Singh who demanded Rs. 20 lacs as extortion. After denial the same, two persons came at enterprises of the informant and fired five round in which one staff namely Kamlesh Singh sustained injury.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR rather he has falsely been
Patna High Court CR. MISC. No.25123 of 2023(2) dt.23-05-2023 2/2
implicated in this case on the basis of confessional statement of co-accused namely, Md. Suhain Ansari during course of investigation of Fatehpur P.S. Case No. 465 of 2022 & 477 of 2022. The alleged mobile number from which the call has been made for extortion, does not belong to this petitioner. The alleged extortion money has been been executed. It is further submitted that the petitioner is languishing in judicial custody since 23.11.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Fatehpur P.S. Case No. 473 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-X, Gaya.
(Sunil Kumar Panwar, J)
Amandeep/-
U T
1 issue framed by the court
Whether the petitioner, falsely implicated and not named in the FIR, should be released on regular bail.
2 provisions across 2 enactments
Rohit Kumar
The State of Bihar
Sunil Kumar Panwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
