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Patna High CourtCR. MISC./17610/2023allowed

Bablu Yadav v. The State Of Bihar

2023-05-12Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17610 of 2023 Arising Out of PS. Case No.-13 Year-2022 Thana- CHANAN District- Lakhisarai ====================================================== Bablu Yadav, S/O Nago Yadav, R/O Village- Mahuliya, P.S- Chanan, Distt.- Lakhisarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rabi Bhushan For the Opposite Party/s :

Ms.Rina Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 12-05-2023 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 364(A), 34 of the Indian Penal Code, Section 27 of the Arms Act and Section 16, 18, 20 of the UAP Act.

The allegation against the petitioner is that he along with 40-50 accused persons, who are Naxalites have kidnapped two persons, namely, Ramji Yadav and his son Dharmveer Kumar @ Kumkum for demanding ransom money.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. There is no any specific allegation against the petitioner rather allegation is general and omnibus. There is no consistent material evidence against the

Patna High Court CR. MISC. No.17610 of 2023(2) dt.12-05-2023 2/2 petitioner to show his involvement in the said occurrence. Nothing incriminating article has been recovered from the possession of the petitioner. It is further submitted that similarly situated other co-accused, namely, Rajan Kora has already been granted bail by this Bench vide order dated 05.04.2023 passed in Cr. Misc. No. 71930 of 2022. The petitioner is languishing in judicial custody since 19.09.2022.

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 period of 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 Chanan P.S. Case No. 13 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 Additional Chief Judicial Magistrate-1, Lakhisarai.

(Sunil Kumar Panwar, J) lata/niraj U T