Babloo Yadav @ Bablu Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19514 of 2023 Arising Out of PS. Case No.-88 Year-2022 Thana- BELHAR District- Banka ====================================================== BABLOO YADAV @ BABLU YADAV S/O RAMDEV YADAV Resident of Village- Bhelwa, P.S.- Katoriya, District- Banka. ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dhananjay Kumar Pandey For the Opposite Party/s :
Mr. Kalyan Shankar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 19-05-2023 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 364/34 of the Indian Penal Code.
As per prosecution case, the father of the informant has been kidnapped by unknown persons while he was returning home by his motorcycle.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. This petitioner is not named the FIR, rather he has falsely been implicated in this case on the basis of suspicion. From perusal of impugned order itself, it appears that the victim was recovered and his statement has been recorded under section 164 of
Patna High Court CR. MISC. No.19514 of 2023(2) dt.19-05-2023 2/2 Cr.P.C., wherein, he has not named the petitioner. Except suspicion, nothing has come against the petitioner in the alleged offence. It is further submitted that the petitioner is languishing in judicial custody since 14.10.2022.
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 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 Belhar P.S. Case No. 88 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 Chief Judicial Magistrate, Banka.
(Sunil Kumar Panwar, J) Amandeep/- U T