Indrajeet Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17144 of 2023 Arising Out of PS. Case No.-31 Year-2022 Thana- NAWADA District- Nawada ====================================================== INDRAJEET KUMAR S/o Sanjay Kumar Resident of Village-Nasir Bigha, P.S.-Neemchak Bathani, District-Gaya ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.N.K. Agrawal, Sr. Adv.
Mr. Jogendra Prasad For the Opposite Party/s :
Mr.Shaheen Begum ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State. The petitioner has prayed for bail in a case instituted for the offence under Sections 363, 365, 302, 120(B) of the Indian Penal Code.
The informant has alleged that his grandson, Anshu Kumar, aged about 10 years, had gone towards ITI on his bicycle at 10:00 am in the morning on 8.1.2022 and subsequently, his cycle was found on the way near ITI, but he could not be traced out. The informant has also alleged that he had made an agreement to sell with regard to his land with one Vinay Yadav, however, subsequently, he refused to purchase the land of the informant and instead, asked the informant to return
Patna High Court CR. MISC. No.17144 of 2023(2) dt.12-05-2023 2/3 money on account of which altercation had taken place amongst the informant and the said Vinay Yadav and one Manoj Yadav, hence, the informant suspected that the said two persons in connivance with the petitioner have kidnapped the grandson of the informant.
It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case due to previous enmity. No one is the eye witness of the alleged occurrence. Only on the basis of suspicion, the name of the petitioner dragged in the present case. During investigation, no consistent material has come against the petitioner to show his involvement in the present case save and except mobile tower location of the petitioner. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 17.01.2023 passed in Cr. Misc. No. 59145 of 2022. Petitioner is languishing in judicial custody since 19.01.2022.
The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named
Patna High Court CR. MISC. No.17144 of 2023(2) dt.12-05-2023 3/3 petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada in connection with Nawada Town P.S. Case No. 31 of 2022.
(Sunil Kumar Panwar, J) sushma/- U