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  4. 2024/
  5. September

Ashish Kumar vs. the State of Bihar

Decided on 30 September 2024• Citation: CR. MISC./64157/2024• Patna High Court
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                             IN THE HIGH  COURT  OF JUDICATURE   AT PATNA           
                                  CRIMINAL MISCELLANEOUS No.64157 of 2024           
                            Arising Out of PS. Case No.-157 Year-2024 Thana- SONBERSA District- Sitamarhi
                          ======================================================    
                          Ashish Kumar S/o Ramvinay Singh Resident of village- Belwa, Ward No 1,
                          police Station Belwa, District- Sarlahi (Nepal)           
                                                                   ... ... Petitioner
                                                 Versus                             
                          The State of Bihar                                        
                                                                ... ... Opposite Party
                          ======================================================    
                          Appearance :                                              
                          For the Petitioner : Mr. Pushpendra Kumar Singh, Advocate 
                                              Smt. Divya Bharti, Advocate           
                          For the Opposite Party : Mr. Anuj Kumar Shrivastava, APP  
                          ======================================================    
                          CORAM: HONOURABLE  MR. JUSTICE CHANDRA PRAKASH            
                          SINGH                                                     
                                              ORAL ORDER                            
            2   30-09-2024          Heard learned counsel for the petitioner and learned
                           APP for the State.                                       
                                    2. The petitioner has preferred this application for
                           grant of regular bail in connection with Sonbarsa P.S. Case No.
                           157 of 2024 dated 12.05.2024 registered for the offences 
                           punishable under Section 364A of the Indian Penal Code.  
                                   3. As per the prosecution case, 8-10 unknown     
                           miscreants boarded on motorcycle forcibly abducted the   
                           informant and took him to a lonely place where the miscreants
                           tied his hand and leg and demanded ransom from his family
                           members using his mobile. The informant showed his inability
                           to fulfill their demand of ransom. In the meantime, police came
                           there and save the informant.                            
                                   4. Learned counsel for the petitioner has submitted

                     Patna High Court CR. MISC. No.64157 of 2024(2) dt.30-09-2024   
                                                2/2                                 
                           that the petitioner is innocent and has falsely been implicated in
                           this case. Nothing has been recovered from the conscious 
                           possession of the petitioner. The petitioner has no concern with
                           the Bullet motorcycle or other motorcycles from which the
                           victim was allegedly abducted. The other co-accused person has
                           already been granted bail by this court vide order dated 
                           25.09.2024 passed in Cr. Misc. No. 63398/2024. The petitioner
                           has one criminal antecedent in which he is on bail as stated in
                           para 3 of the bail petition. The petitioner is in custody since
                           02.07.2024.                                              
                                   5. Learned A.P.P. for the State has opposed the bail
                           petition of the petitioner.                              
                                   6. Considering the aforesaid facts and circumstances
                           of the case as well as the period of custody, the petitioner above-
                           named, is directed to be enlarged on bail on furnishing bail-bond
                           of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of
                           the like amount each to the satisfaction of learned Chief Judicial
                           Magistrate, Sitamarhi in connection with Sonbarsa P.S. Case
                           No. 157 of 2024.                                         
                                   7. The application stands allowed.               
                                        (Chandra Prakash Singh, J)                  
            atul/-                                                                  
            U     T