Patna High CourtCR. MISC./20271/2024allowed

Santosh Yadav v. The State Of Bihar

2024-04-26Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20271 of 2024 Arising Out of PS. Case No.-299 Year-2022 Thana- BANKA District- Banka ====================================================== Santosh Yadav Son Of Janardan Yadav R/O Vill-Katra, Ps-Muffasil, DistGodda (Jharkhand) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sudhir Kumar Mishra For the Opposite Party/s :

Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-04-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 363, 365, 504, 506, 323, 34 of the Indian Penal Code.

3. It is alleged that child of the informant was recovered from the petitioner who was said to have abducted by the petitioner along with others.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The child of the informant was abducted by co-accused Bitti Devi with whom, the petitioner has no concern. The petitioner was arrested on suspicion and made his confession which is inadmissible in the

Patna High Court CR. MISC. No.20271 of 2024(3) dt.26-04-2024 2/2 eye of law. It is further submitted that the charge of this case has been framed. The petitioner has got no criminal antecedent and he is languishing in judicial custody since 8.5.2023. Moreover, co-accused Bitti Devi has already been enlarged on bail by this Court vide order dt. 19.7.2023 passed in Cr. Misc. No. 13075 of 2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. 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 Banka P.S. Case No. 299 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 Judicial Magistrate 1st Class, Banka. (Sunil Kumar Panwar, J) Amandeep/- U T