Bijal Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13502 of 2023 Arising Out of PS. Case No.-41 Year-2021 Thana- JOKIHAT District- Araria ====================================================== BIJAL PANDIT S/o Late Daya Lal Pandit R/o Village- Laliya ward no. 10, P.S- Jokihat, Distt- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana For the Opposite Party/s :

Mr.Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 15-03-2023 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner seeks regular bail in connection with Jokihat Police Station Case No. 41 of 2021, registered for the offences punishable under Sections 363/364-A/365 of the Indian Penal Code.

This is the second attempt on behalf of the petitioner for grant of regular bail. Earlier, the prayer for regular bail of the petitioner was rejected by this Court, vide order, dated 11.04.2022, passed in Criminal Misc. No. 31427 of 2021, giving liberty to the petitioner to renew his prayer for bail after three months from the date of the order, if the trial does not show any substantial progress within that period.

The prosecution case, as per the First Information

Patna High Court CR. MISC. No.13502 of 2023(2) dt.15-03-2023 2/3 Report, is that the nephew of the informant, aged about six years, was kidnapped for ransom from his school. The name of the petitioner transpired on the basis of confessional statement of co-accused Manoj Kumar Choupal.

Learned Counsel for the petitioner submits that the petitioner has renewed his prayer for bail after ten months instead of three months, as observed by this Court in the order dated 11.04.2022. He further submits that co-accused Jitendra Pandit, whose prayer for bail was also rejected by this Court, vide order, dated 11.04.2022, has been granted bail by this Court, vide order, dated 25.01.2023, passed in Criminal Misc. No. 43959 of 2022. He further submits that the petitioner is in custody since 07.02.2021.

After having heard learned Counsel for the parties and taking into consideration the fact that similarly situated coaccused has been granted bail by this Court, the petitioner is in custody since 07.02.2021 and this is second attempt on behalf of the petitioner for grant of bail, I am inclined to grant regular bail to the petitioner.

This application is, accordingly, allowed.

Let the petitioner, above named, be released on bail, upon furnishing bail bonds of Rs. 20,000/- (twenty thousand)

Patna High Court CR. MISC. No.13502 of 2023(2) dt.15-03-2023 3/3 with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Araria, in connection with Sessions Trial No. 185 of 2021, arising out of Jokihat Police Station Case No. 41 of 2021.

This is subject to the condition that the petitioner shall present himself before the Court, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √