Ranjeet Chaudhary @ Ranjit Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27976 of 2021 Arising Out of PS. Case No.-172 Year-2020 Thana- LADANIA District- Madhubani ====================================================== RANJEET CHAUDHARY @ RANJIT CHAUDHARY Son of Sitaram Chaudhary Resident of Village - Ward No.10, Village - Kataha (Kataha), P.S.- Ladania (Ladaniya), Dist.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Md. Soban Asghar, Adv.
For the Opposite Party/s :
Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 05-01-2022 Heard learned counsel for the parties through video conferencing.
The petitioner has preferred this application for grant of regular bail in a case registered under sections 364 and 34 of the Indian Penal Code.
As per the prosecution case, it is stated by the Chaukidar- informant that about 15 accused persons on five motorcycles forcibly kidnapped the victim.
It is submitted by learned counsel for the petitioner that the F.I.R. was registered against fifteen unknown accused persons. The name of the petitioner transpired in course of investigation. After recovery of the victim his statement was recorded under section 164 Cr.P.C. which has come in paragraph
Patna High Court CR. MISC. No.27976 of 2021(4) dt.05-01-2022 2/2 no. 50 of the case diary where he names none. It was subsequent to his statement under section 164 Cr.P.C. that in his statement under section 161 Cr.P.C. that the victim has named a number of accused persons including the petitioner herein. No incriminating article has been recovered from the possession of the petitioner. The petitioner has not been put on T.I. Parade inspite of being in custody since 23.8.2020. He has no criminal antecedent.
Heard learned A.P.P. for the State.
Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation and the victim not having named the petitioner in the statement under section 164 Cr.P.C., the Court directs the petitioner to be enlarged on bail in connection with Ladania (Ladaniya) P.S. Case no. 172 of 2020 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, district Madhubani.
(Partha Sarthy, J) Bibhash U