Harish Yadav @ Harendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8901 of 2018 Arising Out of PS.Case No. -46 Year- 2015 Thana -CHANDAN District- BANKA ====================================================== Harish Yadav @ Harendra Yadav S/o Baldeo Yadav, R/o Village- Jokela, P.S.- Saraiya Hat, District- Dumka.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad, Advocate. For the Opposite Party/s : Mr. Kumar Virendra Narayan, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in Chandan P.S. Case No. 46 of 2015 registered under Section 364 of the Indian Penal Code. Elder son of the informant is said to have been kidnapped by some unknown miscreant for ransom of Rs. 8 lacs. It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He has been falsely implicated in this case at the instance of his enemies. There is no statement of the victim under Section 164 Cr.P.C. He was not put on T.I.P. There is nothing in the case diary indicating the complicity of the petitioner in the occurrence barring confessional statement of the co-accused Ashok Yadav.

Patna High Court Cr.Misc. No.8901 of 2018 (3) dt.16-03-2018 2/2 The petitioner has no criminal antecedent. The petitioner has been languishing in custody since 25.09.2017. Similarly situated coaccused Ashok Yadav has been enlarged on bail by a co-ordinate bench of this court in Cr. Misc. No. 131 of 2016 vide order dated 05.02.2016.

In the facts and circumstances of the case, the above named petitioner 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 Chief Judicial Magistrate, Banka in connection with Chandan P.S. Case No. 46 of 2015.

(Prakash Chandra Jaiswal, J) Mishra/- U T