Jyotish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42858 of 2017 Arising Out of PS.Case No. -136 Year- 2016 Thana -JANKINAGAR District- PURNIA ====================================================== Jyotish Kumar Son of Sri Shailendra Yadav, R/o Village- Jankinagar, P.S.- Jankinagar, District- Purnea.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Amit Kumar Anand, Advocate. For the Opposite Party : Mr. Nagendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2017 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is languishing in custody since 17.07.2017 in a case for the offence registered under Sections 341, 323 and 364(A)/34 of the IPC.

The prosecution story, in brief, is that while the brother of the informant was going for dinner in the meantime, coaccused Diwakar Yadav stopped and assaulted him and kidnapped the brother of the informant and taken him in unknown place. It has been submitted by learned counsel for the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering with the witnesses alleged against the petitioner.The petitioner has falsely been implicated in the present

Patna High Court Cr.Misc. No.42858 of 2017 (2) dt.20-09-2017 2/2 case due to mistake of fact. The petitioner is not named in the F.I.R. His name has come in course of investigation. Other coaccused persons have been granted bail by another co-ordinate Benches of this Court vide Cr. Misc. No. 4984/2017 dated 17.02.2017 and Cr. Misc. No. 12660 of 2017 dated 28.03.2017. On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned J.M. Ist Class, Purnea in connection with Jankinagar P.S. Case No. 136/2016. U.K./- (Sudhir Singh, J) U T