Kamlesh Chouhan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12538 of 2023 Arising Out of PS. Case No.-181 Year-2020 Thana- BUXAR INDUSTRIAL District- Buxar ====================================================== 1.

KAMLESH CHOUHAN SON OF JODHAN CHOUHAN R/O VILLAGEDALSAGAR, P.S.- BUXAR (INDUSTRIAL), DISTRICT- BUXAR 2.

DURGESH CHOUHAN @ DURGESH CHAUHAN SON OF JODHAN CHOUHAN R/O VILLAGE- DALSAGAR, P.S.- BUXAR (INDUSTRIAL), DISTRICT- BUXAR ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Pandey For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 28-06-2023 Heard learned counsel for the petitioners, informant and learned APP for the State.

The petitioners have prayed for regular bail in a case instituted for the offence under Sections 363 of the IPC and later on added Section 365 of the IPC.

As per prosecution case, some unknown persons kidnapped the minor son of the informant.

It is submitted by learned counsel for the petitioners that petitioner has been falsely implicated in this case due to

Patna High Court CR. MISC. No.12538 of 2023(3) dt.28-06-2023 2/3 dirty village politics. They have committed no offence. Petitioners are not named in the FIR and the same has been lodged against unknown person. During investigation, suspicion has been raised against these petitioners and has implicated in the present case. There is no consistent evidence and no eyewitness to the alleged occurrence. The missing son of the informant has not been traced out as yet and charge-sheet has been submitted by Investigating Officer. Petitioners have got no criminal antecedent as stated in para-3 of the bail petition. They are languishing in judicial custody since 02.10.2022.

The application for bail is opposed by learned APP for the State, learned counsel for the informant and submitted that during investigation, strong suspicion has been raised against these petitioners. Victim has not recovered as yet. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) each with two sureties of the like amount each to the satisfaction of the learned 1st Class Judicial Magistrate, Buxar in connection with Buxar Industrial P.S. Case No. 181 of 2020.

Patna High Court CR. MISC. No.12538 of 2023(3) dt.28-06-2023 3/3 The trial Court is directed to expedite the case as soon as possible.

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