Rajesh Kumar @ C.D. Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8549 of 2023 Arising Out of PS. Case No.-634 Year-2021 Thana- JAHANABAD District- Jehanabad ====================================================== Rajesh Kumar @ C.D. Yadav Son of Shivpujan Yadav, Resident of VillageLatfullachak, P.S.- Jehanabad (Karauna O.P.), District- Jehanabad (Bihar) ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manish Kumar Singh, Adv.

For the Opposite Party/s :

Mrs. Rita Verma, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 03-05-2023 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Jehanabad (Karauna O.P.) P.S. Case No. 634 of 2021, dated 08.10.2021 lodged under Sections 364/34 of the Indian Penal Code.

As per prosecution case, the allegation of kidnapping is against the petitioner in the F.I.R.

Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. He further submits that the present case has been filed on suspicion. He also submits that there is already old land dispute pending

Patna High Court CR. MISC. No.8549 of 2023(2) dt.03-05-2023 2/3 between the parties. Learned counsel submits that it is due to long pending land dispute the name of petitioner has been inserted in this case. He further submits that other co-accused persons have already been granted regular bail by the Coordinate Bench of this Court vide orders dated 20.04.2022 & 12.04.2023 passed in Cr. Misc. Nos. 22977 of 2022 & 66378 of 2022. He also submits that four accused persons have been granted anticipatory bail vide order dated 02.02.2023 passed in Cr. Misc. No. 32835 of 2022. Learned counsel for the petitioner further submits that petitioner is in custody since 01.12.2022 and antecedent of petitioner is clean.

Learned counsel for the State opposes the prayer for bail and submits that in the confessional statement name of petitioner and others have figured that they have committed crime in connivance with each other, due to the reason of old land dispute pending between the parties.

In the present facts and circumstances of this case and the submissions made above and with a view to maintain the parity, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad in connection with

Patna High Court CR. MISC. No.8549 of 2023(2) dt.03-05-2023 3/3 Jehanabad (Karauna O.P.) P.S. Case No. 634 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) ritik/- U T