Md. Yasin @ Yasin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16287 of 2023 Arising Out of PS. Case No.-256 Year-2022 Thana- LAURIA District- West Champaran ====================================================== MD. YASIN @ YASIN Son of Harun Rasid Ansari Resident of VillageParsauna Baiskhwa Ps- Gopalpur District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anant Kumar Mishra, Advocate For the Opposite Party/s :

Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 19-07-2023 Heard learned counsel appearing on behalf of the parties.

2.

The petitioner seeks bail in connection with Lauriya P.S. Case No. 256 of 2022 registered for the offence under Sections 364A and 120B of the Indian Penal Code. 3.

The accused/petitioner is named in the F.I.R. and is in custody since 07.08.2022.

4.

The allegation against the petitioner is to kidnap the informant, along with other co-accused persons, where, during course of kidnapping, a ransom was demanded for cash of Rs. 25,00,000/-.

5.

Learned counsel appearing on behalf of the petitioner submitted that implication of this petitioner is false with present case, out of wage dispute, being driver of the

Patna High Court CR. MISC. No.16287 of 2023(3) dt.19-07-2023 2/3 informant. It is submitted that even, as per narration of FIR, only suspicion was raised against this petitioner, where, no incriminating material appears, in furtherance of said suspicion, as to connect him, prima facie, with present occurrence of kidnapping. While travelling over the argument, it is submitted that other co-accused person, namely, Md. Ayub, who was apprehended, during course of kidnapping, has already granted bail by one of the learned co-ordinate Bench of this Court, through Cr. Misc. No. 67166 of 2022 dated 26.04.2023. While concluding the argument, it is submitted that petitioner is a man of clean antecedent and moreover, investigation of this case is completed, for which, charge-sheet has already been submitted, as such, there is no chance of tampering with the evidence. 6.

Learned APP appearing for on behalf of State, opposes the prayer of bail.

7.

Considering the facts and circumstances as mentioned above, as save and except suspicion, nothing incriminating appears against this petitioner, who is driver of the informant coupled with the fact that charge-sheet has already submitted, where, petitioner is in custody since 07.08.2022, let the petitioner, above named, is directed to be released on bail in connection with Lauriya P.S. Case No. 256 of 2022, on

Patna High Court CR. MISC. No.16287 of 2023(3) dt.19-07-2023 3/3 furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 1st, Bettiah, West Champaran/concerned court, subject to the condition as mentioned under Section 437(3) of the Cr.P.C.

(Chandra Shekhar Jha, J) S.Katyayan/- U T