Patna High CourtCR. MISC./8607/2019dismissed

Niranjan Yadav @ Niranjan Kumar v. The State Of Bihar

2019-05-02Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8607 of 2019 Arising Out of PS. Case No.-403 Year-2017 Thana- NATHNAGAR District- Bhagalpur ====================================================== Niranjan Yadav @ Niranjan Kumar S/o Sri Mani Prasad Yadav @ Nunumani Yadav R/o Devi Mandal Lane, Chouki Niyamatpur, P.S. Nathnagar, District Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Kumar Jha For the Opposite Party/s :

Mrs.Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in S.T. No.235 of 2018 arising out of Nathnagar (Madhusudanpur) P.S. case No.403 of 2017 registered under Sections 364(A)/34 of the Indian Penal Code, pending in the court of A.D.J. 1st, Bhagalpur. Allegation is that unknown miscreants kidnapped the brother of the informant and demanded Rs.1.5 lacs as extortion. It has been submitted on behalf of the petitioner that the petitioner is in custody since 04.12.2017. Charge sheet has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. The petitioner is not

Patna High Court CR. MISC. No.8607 of 2019(3) dt.02-05-2019 2/2 named in the F.I.R. His name has come in course of investigation. There is no substantive evidence to suggest the implication of the petitioner in the present case. On behalf of the State, it is submitted that the petitioner is not named in the F.I.R. The victim boy was recovered. His statement under Section 161 of Cr.P.C. was recorded. The petitioner has been named by the victim in his statement under Section 161 of Cr.P.C. The petitioner has got criminal cases pending against him.

Considering the aforesaid facts and circumstances, I am not inclined to grant bail to the petitioner. The same is rejected.

The Trial Court is directed to take all necessary steps to conclude the trial preferably within a period of one year from the date of receipt/production of a copy of this order. (Sudhir Singh, J) Narendra/- U T