Pankaj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3468 of 2023 Arising Out of PS. Case No.-28 Year-2022 Thana- BELHAR District- Banka ====================================================== PANKAJ KUMAR YADAV Son of Dinesh Chandra Yadav R/v- Mangra, P.S.- Banka, District- Banka ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Nand Kumar, APP For the Informant :

Mr. Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 20-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State as well as learned counsel appearing on behalf of the informant. The petitioner seeks bail in connection with Belhar P.S. Case No.28 of 2022 registered for the offence under Sections 364 and 34 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 16.09.2022.

The allegation against the petitioner is to kidnap husband of informant along with unknown accused persons. Learned counsel appearing on behalf of the petitioner submitted that petitioner falsely implicated in this case as victim after recovery failed to named this petitioner and as such

Patna High Court CR. MISC. No.3468 of 2023(3) dt.20-06-2023 2/2 nothing survives in this case to connect petitioner with the present occurrence. While concluding the argument, it is submitted that petitioner found involved in one more criminal case, where, he is on bail and moreover, investigation of this case has completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence. Learned APP duly assisted by learned counsel appearing on behalf of the informant, opposes the prayer of bail. Considering the facts and circumstances as mentioned above, as victim failed to named this petition in his statement as recorded under Section 164 of the Cr.P.C. coupled with the fact that charge-sheet has been submitted, where, petitioner is in custody since 16.09.

2022, let the petitioner, above named, is directed to be released on bail in connection with Belhar P.S. Case No.28 of 2022, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Banka/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T