Nawal Kishore Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9319 of 2023 Arising Out of PS. Case No.-37 Year-2022 Thana- BANDHUWA KURAWA District- Banka ====================================================== NAWAL KISHORE YADAV S/o Bangali Yadav R/o Village- Hanumatta, P.S.- Bandhuwa Kurawa (Bounsi), Distt- Banka. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 21-06-2023 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 and Section.

As per prosecution case, the informant alleged that his son namely, Dilip yadav was taken away by the petitioner but he did not return. Thereafter, the informant raised suspicion against the petitioner and other co-accused persons and lodged the F.I.R.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case only on the basis of suspicion. The victim/son of the informant is trace-less yet. As per prosecution story, the occurrence took place on 23.3.2022

Patna High Court CR. MISC. No.9319 of 2023(3) dt.21-06-2023 2/2 but the FIR has been lodged in delay of more than 20 days on 12.4.2022 without any explanation. No any consistent material has come against the petitioner to implicate the petitioner in the alleged offence. It is further submitted that the charge sheet has been submitted against the petitioner but he has not sent up for trial. It is further submitted that the petitioner is languishing in judicial custody since 22.4.2022.

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 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 Bandhuwa Kurawa P.S. Case No. 37 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 Additional District and Sessions JudgeIV, Banka. (Sunil Kumar Panwar, J) lata/- U T