Bablu Kumar vs State Of Bihar

Ahsanuddin Amanullah, J

The matter has been heard via video conferencing due to lockdown imposed on account of the COVID-19 pandemic.

Heard Mr. Sushil Kumar, learned counsel for the petitioner and Mr. Arun Kumar Singh, learned Additional Public Prosecutor (hereinafter referred to as the 'APP') for the State.

The petitioner is in custody in connection with Kuchaikote PS Case No. 407 of 2019 dated 26.11.2019 instituted under Section 386 of the Indian Penal Code.

The allegation against the petitioner is that he along with two others had demanded extortion from the informant of Rs. 10 lakhs and had threatened that if not paid, they would abduct the son of the informant.

Learned counsel for the petitioner submitted that the FIR is against unknown and co-accused Abhishek Kumar was caught by the police who has confessed that the petitioner and one Kameshwar Kushwaha were also involved in this threat and demand of extortion. Learned counsel submitted that there is only allegation of demand of extortion, but neither any payment was made nor the son of the informant was kidnapped. Learned counsel submitted that nothing has been recovered from the petitioner and he is in custody since 01.12.2019.

Learned APP, from the case diary, submitted that co-accused Abhishek Kumar has taken the name of the petitioner as being his partner in the crime and that against the petitioner, there are two other criminal cases also.

Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj in Kuchaikote PS Case No. 407 of 2019 subject to the conditions (i) that one of the bailors shall be a close relative of the petitioner, (ii) that the petitioner and the bailors shall execute bond with regard to good behaviour of the petitioner, and (iii) that the petitioner shall also give an undertaking to the Court that he shall not indulge in any criminal activity. Any violation of the terms and conditions of the bonds or the undertaking shall lead to cancellation of his bail bonds. The petitioner shall cooperate in the case and be present before the Court on each and every date. Failure to cooperate or being absent on two consecutive dates, without sufficient cause, shall also lead to cancellation of his bail bonds.

The application stands disposed off in the aforementioned terms.