Diwakar Yadav @ Diwakar Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.3613 of 2018 (4) dt.15-03-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3613 of 2018 Arising Out of PS.Case No. -136 Year- 2016 Thana -JANKINAGAR District- PURNIA ====================================================== Diwakar Yadav @ Diwakar Kumar Son of late-Sudish Yadav @ Sudish Pd. Yadav Resident of Village-Jankinagar, P.S.-Jankinagar, District-Purnea. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Amit Kumar Anand For the Opposite Party/s : Mr. Smt. Reena Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 15-03-2018 Heard learned Counsel for the petitioner and the State. Petitioner, already in custody, seeks bail in Jankinagar PS Case No. 136 of 2016 registered under Sections 341, 323, 364A and 34 of the IPC.

The allegation in brief is that the petitioner for the purpose of ransom kidnapped the informant's brother.

Learned Counsel for the petitioner submits that Gopal Yadav and Bablu Yadav were granted bail by a coordinate Bench of this Court and others were also granted bail, so seeks bail on the ground of parity.

Whereas learned Counsel for the State submits that the case of the petitioner stands on different footing to Gopal and Bablu as both were not named by the victim in the 164 Cr.P.C. statement whereas the petitioner is named in the FIR and 164 Cr.P.C. statement of the victim.

Having considered the said facts and circumstances, the prayer for bail of the petitioner is presently rejected. Snkumar/- (Arun Kumar, J.) U T