Patna High CourtCR. MISC./12498/2017bail granted

Amarjeet Yadav v. The State Of Bihar

2017-03-23Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12498 of 2017 Arising Out of PS.Case No. -64 Year- 2012 Thana -DUMARIA District- GAYA ====================================================== Amarjeet Yadav, Son of Ram Swaroop Yadav, Resident of VillagePratappur, P.S.- Pratappur, District- Chatra (Jharkhand). .... .... Petitioner

Versus

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

For the Petitioner : Mr. Md. Javed Jafar Khan, Advocate.

For the Opposite Party : Mr. Lalan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 23-03-2017 Heard both sides.

The petitioner seeks bail in Dumariya P.S. Case No. 64 of 2012, registered for the offences punishable under Sections 364(A) and 34 of the Indian Penal Code.

The father of the informant lodged the case against unknown for kidnapping of his son Satish Kumar by motorcycle boarded criminals.

Learned counsel for the petitioner submits that Dumariya P.S. Case No. 65 of 2012 was registered on the statement of the informant for recovery of his son from possession of Mithun Bharti. It is further submitted that Mithun Bharti is said to have made inculpatory statement before the police and disclosed the name of the petitioner and others. Similarly situated

Patna High Court Cr.Misc. No.12498 of 2017 (2) dt.23-03-2017 2/2 co-accused Bhola Das @ Bhola Kumar @ Bhola Kumar Das has already been enlarged on bail vide order dated 13.11.2014 passed in Cr. Misc. No. 18645 of 2014. The statement of the victim Satish Kumar was also recorded but the victim did not disclose the name of the petitioner.

Considering the facts that save and except the fact that Mithun Bharti the co-accused named the petitioner in his confessional statement, there is no other material to show the involvement of the petitioner in the present case of kidnapping of the son of the informant and similarly situated co-accused has already been enlarged on bail, 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 Sub-Divisional Judicial Magistrate, Sherghati at Gaya in Dumariya P.S. Case No. 64 of 2012.

(Prabhat Kumar Jha, J.) KKSINHA/- U T