Patna High CourtCR. MISC./12564/2023allowed

Binod Baitha v. The State Of Bihar

2023-04-24Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12564 of 2023 Arising Out of PS. Case No.-236 Year-2013 Thana- RAGHUNATHPUR District- Siwan ====================================================== Binod Baitha Son Of Vishwakarma Baitha Resident Of Village - Tari Bazar, P.S.- Raghunathpur, District - Siwan ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 24-04-2023 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.

As per prosecution case, informant alleged that on 03.10.2011, petitioner along with co-accused persons came and on pistol point kidnapped his son.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to ulterior motives. There is no specific allegation of kidnapping against the petitioner rather general and omnibus allegation leveled

Patna High Court CR. MISC. No.12564 of 2023(2) dt.24-04-2023 2/2 against him. He has got no criminal antecedent. Similarly situated co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 13.10.2017 passed in Cr. Misc No. 33356 of 2017. It is further submitted that the petitioner is languishing in judicial custody since 29.11.2022.

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 judicial custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Raghunathpur P.S. Case No. 236 of 2013 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-VIIth, Siwan.

(Sunil Kumar Panwar, J) Manish/- U T