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Patna High CourtCR. MISC./18894/2023allowed

Ankit Kumar Choudhary v. The State Of Bihar

2023-05-17Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18894 of 2023 Arising Out of PS. Case No.-172 Year-2020 Thana- LADANIA District- Madhubani ====================================================== 1.

Ankit Kumar Choudhary Son Of Badri Chaudharyy Resident Of VillageKataha, Ps- Ladaniya, District- Madhubani 2.

Laloo Chaudhary Son Of Ram Avtar Chaudhary Resident Of VillageKataha, Ps- Ladaniya, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 17-05-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 364/34 of the Indian Penal Code.

As per allegation in the FIR, fifteen unknown accused persons riding on five motorcycles have abducted the son of the informant with an intention to kill him.

It is submitted by learned counsel for the

Patna High Court CR. MISC. No.18894 of 2023(2) dt.17-05-2023 2/3 petitioners that the petitioners are innocent and they have falsely been implicated in the present case. It is also submitted that petitioners are languishing in judicial custody since 10.01.2023. Petitioners are not named in the FIR and on the basis of suspicion the name of petitioners sprang up in this case. It is further submitted that there is no independent eye witness of the alleged occurrence and there is no material evidence to implicate the petitioners in this case. No incriminating article has been recovered from the possession of the petitioners. Moreover, similarly situated co-accused person has been granted Bail vide order dated 20.08.2022 in Cr. Misc. No. 16172 of 2022 by the co-ordinate Bench of this Court. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and

Patna High Court CR. MISC. No.18894 of 2023(2) dt.17-05-2023 3/3 circumstances of the case, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Ladaniya P.S. Case No. 172 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Madhubani.

(Sunil Kumar Panwar, J) Shageer/- U T