Nand Lal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26565 of 2021 Arising Out of PS. Case No.-132 Year-2020 Thana- JAYNAGAR District- Madhubani ====================================================== NAND LAL YADAV S/o- Ram Prasad Yadav Resident of Village - Pipra, Tola Belahi, P.S. - Jaynagar, District - Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Murari Narain Chaudhary, Adv.

For the Opposite Party/s :

Mr. Raj Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 10-01-2022 Heard learned counsel for the parties through video conferencing.

The petitioner has preferred this application for grant of regular bail in a case registered under section 364 of the Indian Penal Code and section 27 of the Arms Act. As per the prosecution case, it is stated by the informant that the Supervisor of the company namely Ashok Kumar Singh was kidnapped by unknown accused persons. It is further stated that on reaching the place of occurrence, he received information that the kidnapping had been carried out by Nand Lal Yadav.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in the case which would be evident from the contents of the F.I.R. itself. The

Patna High Court CR. MISC. No.26565 of 2021(4) dt.10-01-2022 2/2 alleged victim was recovered soon after the occurrence and his statement was recorded under section 164 Cr. P.C. wherein he does not name the petitioner. The petitioner is in custody since 27.4.2020 and investigation in the case has concluded. The application for bail is opposed by learned A.P.P. for the State who submits that it has transpired in course of investigation that on receiving information, the police personnel raided the house and arrested the petitioner on whose disclosure a raid was conducted in the house of Santosh Kumar from where both Santosh Kumar was arrested and the victim recovered. It is submitted that the petitioner has a direct hand in the kidnapping which is evident from the F.I.R.

as also from the case diary where his disclosure led to the recovery of the victim. Having heard learned counsel for the parties and taking into consideration the facts of the case, the allegations in the F.I.R. and the material that has transpired in course of investigation, the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

(Partha Sarthy, J) Saurabh/- U T