Basant Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20034 of 2021 Arising Out of PS. Case No.-233 Year-2020 Thana- BHAGWANPUR District- Begusarai ====================================================== BASANT KUMAR Son of Sonelal Jha @ Surendra Jha Resident of Village - Dahiya, P.S. - Bhagwanpur, District - Begusarai. ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Kumar Verma, Advocate.
For the Opposite Party/s :
Mr. Brajendra Nath Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in a case registered for the offence punishable under Section 366/34 of the Indian Penal Code.
The son of the informant is said to have been called and kidnapped by F.I.R. named accused to kill him and the petitioner was also with them.
It is submitted by learned counsel for the petitioner that no such occurrence as alleged ever took place. He is quite innocent and has been falsely implicated in this case merely on suspicion. He was not apprehended on the spot. No incriminating article has been recovered from his conscious physical possession. The allegation levelled against the
Patna High Court CR. MISC. No.20034 of 2021(3) dt.26-10-2021 2/2 petitioner is not specific rather general and omnibus in nature. There is no eye witness of the occurrence. It is a case of last seen but there was no motive to kidnap the son of the informant. The petitioner has no criminal antecedent and has been languishing in custody since 12.10.2020.
Learned APP for the State opposed the bail petition. Considering the facts aforesaid, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Bhagwanpur P.S. Case No.233 of 2020. (Anjani Kumar Sharan, J) Trivedi/- U T