Sunar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18949 of 2021 Arising Out of PS. Case No.-469 Year-2020 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== SUNAR RAI SON OF JAINANDAN RAI RESIDENT OF VILLAGECHAINPUR CHIUTAHAN, P.S. PAROO, DISTRICT- MUZAFFARPUR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nityanand For the Opposite Party/s :

Mr.Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2021 This matter is taken up for consideration through Video Conferencing under the orders of Hon'ble the Chief Justice.

Heard both parties.

The petitioner seeks bail in Sahebganj P.S. Case No. 469 of 2020, registered for the offence punishable under Sections 364(A), 120(B)/34 of the Indian Penal Code. As per the prosecution case, son of the informant was kidnapped and demand of ransom was made to the tune of Rs. One crore. FIR is against unknown.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. Name of this petitioner transpired in this case on the basis of confessional statement of co-accused Manish Kumar who has already been granted bail by this Hon'ble Court vide order dated 15.04.2021 passed in Cr.

Patna High Court CR. MISC. No.18949 of 2021(2) dt.09-07-2021 2/2 Misc. No. 5522 of 2021. The victim boy has already been recovered and in his statement under Section 164 he has not taken name of this petitioner. Petitioner is brother-in-law (Bahnoi) of the informant and Uncle (Mausa) of the victim boy. Petitioner is in custody since 04.09.2020.

Considering the facts and circumstances of the case, the petitioner above-named, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate Ist (West), Muzaffarpur in connection with Sahebganj P.S. Case No. 469 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T