Saurabh Mishra @ Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18963 of 2023 Arising Out of PS. Case No.-111 Year-2022 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== SAURABH MISHRA @ SAURABH KUMAR S/O-ARUN MISHRA Village- Imadpur Ps- Bhagwanpur Dist- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Nitya Nand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 20-07-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 364A, 395, 397 of the Indian Penal Code.

It is a case of kidnapping of the informant by all the FIR named accused persons including the petitioner. The petitioner was apprehended on by the police during checking while the petitioner and another co-accused were taking the informant to a Maruti Wagon-R car. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Neither the petitioner is

Patna High Court CR. MISC. No.18963 of 2023(4) dt.20-07-2023 2/3 owner of the alleged vehicle nor any looted article has been recovered from his conscious possession. Similarly situated co-accused has already been granted bail by this Court vide order dated 17.07.2023 passed in Cr. Misc. No. 15857 of 2023. It is further submitted that the petitioner was remanded in this case from another case and since 30.08.2022 is languishing in judicial custody. Learned APP appearing for the state has opposed the prayer of regular bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Industrial Area P.S. Case No. 111 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur.

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

Patna High Court CR. MISC. No.18963 of 2023(4) dt.20-07-2023 3/3