Awadh Lal Yadav @ Bhulani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.13808 of 2020 Arising Out of PS. Case No.-83 Year-2017 Thana- ADHAOURA District- Kaimur (Bhabua) ====================================================== AWADH LAL YADAV @ BHULANI Son of Teju Singh Resident of VillageSaleya, P.S.- Adhaura, District- Kaimur at Bhabua. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ranjay Kumar Patel, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 08-02-2021 Heard Mr. Ranjay Kumar Patel, learned counsel for the petitioner and Mr. Anand Kishore Choudhary, learned counsel appearing for the State.

Petitioner seeks regular bail in connection with S.Tr. No. 179 of 2019 arising out of Adhaura P.S. Case No. 83 of 2017 registered for the offence under Section 364 (A) of the I.P.C.

The allegation as per the First Information Report is that the father of the informant was kidnapped by some unknown persons and a sum of Rs. 8 Lakh was demanded as ransom by the kidnappers.

Learned counsel for the petitioner submits that petitioner has falsely been implicated during the course of investigation on the basis of the fact that petitioner was seen

Patna High Court CR. MISC. No.13808 of 2020(5) dt.08-02-2021 2/3 with the victim by one of the witnesses whose statement was recorded during the course of investigation and the said witness has said that the petitioner along with one Hari Yadav was seen with the victim and the petitioner was having a bag in his hand whereas the said Hari Yadav was carrying a gun. Learned counsel next submits that the victim has been recovered and his statement has been recorded under Section 164 of the Cr.P.C. and he has not taken the name of the petitioner. The petitioner is in custody since 19.07.2019 but he has not been put on T.I. Parade as yet. Learned counsel next submits that Hari Yadav has been granted bail by a Co-ordinate Bench of this Court in Cr. Misc. No. 21974 of 2020.

Having regard to the submissions made by learned counsel for the parties and taking into consideration the materials available on record, the fact that petitioner is in custody since 19.07.2019 and similarly situated co-accused has been granted bail by a Co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Kaimur at Bhabua / court

Patna High Court CR. MISC. No.13808 of 2020(5) dt.08-02-2021 3/3 concerned in connection with S. Tr. No. 179 of 2019 arising out of Adhaura P.S. Case No. 83 of 2017.

It is made clear that at the time of furnishing bail bond all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) praful/- U T