Patna High CourtCR. MISC./16036/2023bail granted

Suraj Kumar v. The State Of Bihar

2023-05-16Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16036 of 2023 Arising Out of PS. Case No.-31 Year-2022 Thana- LALGANJ District- Vaishali ====================================================== Suraj Kumar, Son of Late Jaylal Rai, Resident of village - Jalalpur, P.S.- Lalganj, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rajeev Ranjan No.II, Advocate Ms. Priyanka Kumari, Advocate Mr. Bhubneshwar Mahto, Advocate For the Opposite Party/s :

Mr. Sucheta Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 16-05-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks regular bail in connection with Lalganj P.S. Case No. 31 of 2022 registered for the offence punishable under Section 365 of the Indian Penal Code. It is alleged that the son of the informant, namely, Adarsh Kumar aged about 13 years was missing from 26.01.2022. FIR was lodged against unknown and the name of the petitioner surfaces only on the basis of some message sent on mobile.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The name of the petitioner

Patna High Court CR. MISC. No.16036 of 2023(2) dt.16-05-2023 2/2 has been dragged in this case only on the basis of sending message from mobile. The victim boy has not disclosed the name of the petitioner in his statement under Section 164 of Cr.P.C. The petitioner is aged about 17 years. He was never put on Test Identification Parade. He is custody since 13.02.2022. The petitioner has no criminal antecedent.

Learned APP appearing for the State has opposed the prayer for regular bail of the petitioner.

Considering the aforesaid facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District & Sessions Judge - 1st, Vaishali at Hazipur in connection with Lalganj P.S. Case No. 31 of 2022, subject to the condition that one of the bailor shall be the mother of the petitioner.

(Sunil Dutta Mishra, J) saurabhkr/- U T