Bikash Yadav @ Bikash Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8575 of 2024 Arising Out of PS. Case No.-28 Year-2022 Thana- BELHAR District- Banka ====================================================== Bikash Yadav @ Bikash Kumar S/O LATE KUNTU YADAV VILLAGESONARI, PS. AND DIST. BANKA. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Pandey, Advocate For the Opposite Party/s :
Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 20-02-2024
1. Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner has preferred this application for grant of regular bail in connection with Belhar P.S. Case no.28 of 2022 registered under sections 364 and 34 of the Indian Penal Code.
3. As per the prosecution case, the husband of the informant was kidnapped by 4-5 unknown accused persons in their Bolero car.
4. Learned counsel for the petitioner submits that the FIR was registered against unknown. The petitioner was falsely implicated in the case in course of investigation in the confessional statement of co-accused Pankaj Yadav. Further his name was also taken by co-accused Babloo Yadav in paragraph no.77 of the case diary. Both Pankaj Yadav and Babloo Yadav
Patna High Court CR. MISC. No.8575 of 2024(2) dt.20-02-2024 2/2 have been enlarged on bail vide order dated 20.6.2023 passed in Cr. Misc. no.3468 of 2023 and order dated 27.6.2023 passed in Cr. Misc. no.18900 of 2023 respectively. It is submitted that the victim returned and his statement was recorded under section 164 Cr.P.C wherein he has not disclosed the name of any of the accused. The petitioner is in custody since 6.12.2023 but has not been put on T.I parade. He undertakes to cooperate in the case.
5. The prayer for bail is opposed by learned A.P.P for the State.
6. Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, the submissions made on behalf of the petitioner, grant of bail to the above-named co-accused on whose confessional statement the name of the petitioner transpired together with the petitioner having remained in custody since 6.12.2023, the petitioner is directed to be enlarged 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 the learned Chief Judicial Magistrate, Banka.
(Partha Sarthy, J) Shiv/- U T