Patna High Court - Orders
Harsh Kumar @ Mangal vs The State Of Bihar on 14 September, 2020
Author: Anil Kumar Sinha
Bench: Anil Kumar Sinha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23581 of 2020
Arising Out of PS. Case No.-227 Year-2019 Thana- BIKRAM District- Patna
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HARSH KUMAR @ MANGAL Son of Ashwamegh Kumar @ Ashvamedh
Kumar Resident of Village - Maner Telpa, Police Station - Bikram, District -
Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Akhauri Kamal Kishore Sahay, Adv.
For the Opposite Party/s : Mr.Humayun Ahmad Khan, APP
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 14-09-2020Heard Mr. Akhauri Kamal Kishore Sahay, learned counsel for the petitioner and Mr. Humayun Ahamad Khan, Additional Public Prosecutor for the state through video conferencing.
Petitioner seeks regular bail in connection with Bikram PS Case No. 227/2019 registered for the offence punishable under Sections 385, 387 and 506 of the IPC.
The allegation against the petitioner as per First Information Report of the informant, Bhola Kumar is that a sum of Rs. 20,000/- was demanded as an extortion money from him through Mobile No. 8002834119. Petitioner is not named in the FIR and he has been made accused on the basis of confessional statement of a co-accused, namely, Chunmun Kumar. Patna High Court CR. MISC. No.23581 of 2020(2) dt.14-09-2020 2/3 Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with an oblique motive. Learned counsel for the petitioner further submits that petitioner is not the owner of the said mobile by which the alleged extortion call was made to the informant. Learned counsel for the petitioner also submits that the name of the petitioner has transpired on the basis of the confessional statement of the co-accused, Chunmun Kumar who has already been granted bail by this court in Cr. Misc. No. 15989/2020.
Learned counsel for the petitioner further submits that similarly situated co-accused was also having criminal antecedents inasmuch as four cases are pending against him. Petitioner is in custody since 04.10.2019.
Having regard to the submissions made by the parties and taking into consideration the material on record and the fact that similarly situated co-accused, Chunmun Kumar has already been granted bail by this Court, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, HARSH KUMAR @ MANGAL be released on bail, if he is not required in any other case, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Patna High Court CR. MISC. No.23581 of 2020(2) dt.14-09-2020 3/3 learned Additional Chief Judicial Magistrate-VI, Danapur, Patna in connection with Bikram PS Case No. 227/2019.
It is made clear that at the time of furnishing bail bonds, all the parties shall follow the guidelines regarding lockdown and social distancing.
(Anil Kumar Sinha, J)
perwez
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