Pankaj Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.2997 of 2023 Arising Out of PS. Case No.-88 Year-2022 Thana- BELHAR District- Banka ====================================================== Pankaj Kumar Yadav Son of Dinesh Chandra Yadav Resident of VillageMangra, P.S.- Banka, District- Banka ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Satyendra Narayan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-06-2023 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 364/34 of the Indian Penal Code.

As per prosecution case, the father of the informant has been kidnapped by unknown persons while he was returning home by his motorcycle.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the F.I.R. He has falsely been implicated in this case. The petitioner has not put on T.I. Parade. His name has been transpired on the basis of confessional statement of co-accused Babalu Yadav before police which has

Patna High Court CR. MISC. No.2997 of 2023(4) dt.19-06-2023 2/2 no evidentiary value in the eye of law. Nothing incriminating article has been recovered from the conscious possession of the petitioner and victim father of the informant has not named the petitioner in his statement recorded under Section 164 of Cr.P.C. It is further submitted that similarly situated co-accused namely Babloo Yadav @ Bablu Yadav has already been granted bail by this Bench vide order dated 19.05.2023 passed in Cr. Misc. No. 19514 of 2023. Moreover, the petitioner is languishing in judicial custody since 14.10.2022.

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 period of 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 Belhar P.S. Case No. 88 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 Chief Judicial Magistrate, Banka. (Sunil Kumar Panwar, J) lata/- U T