Bhavesh Singh @ Bhavesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.66961 of 2018 Arising Out of PS. Case No.-86 Year-2018 Thana- PASRAHA District- Khagaria ====================================================== Bhavesh Singh @ Bhavesh Kumar, Son of Banarsi Singh, Resident of Village- Chhoti Pasraha, P.S. Pasraha, Distt.-Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Praveen Kumar Agrawal, Advocate For the Opposite Party/s :

Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 20-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in Pasraha P.S. Case No.86 of 2018 instituted for the offence under Section(s) 364/34 Indian Penal Code.

In the written report, it is alleged that that on 07.07.2018 while the informant was discharging duty of Munshi, the petitioner along with co-accused, as named in the written report, arrived on two motorcycles and kidnapped his cousin brother, Rishu Kumar, aged about 25 years. Counsel for the petitioner submits that petitioner has no criminal antecedents. It is further submitted that victim boy has given statement under Section 164 Cr.P.C., wherein, he has not levelled any allegation of specific overt act against the

Patna High Court Cr.Misc. No.66961 of 2018(2) dt.20-11-2018 2/2 petitioner.

Counsel for the petitioner further submits that coaccused, Sulabh Kumar, having similar allegation has already been granted regular bail by co-ordinate Bench of this Court by order dated 06.11.2018 passed in Cr. Misc. No.65330 of 2018, wherein, it is mentioned that submission of counsel for the petitioner is that statement of the victim recorded under Section 164 Cr.P.C. itself shows that he was taken to Sarpanch but the case has been lodged that he was kidnapped and he has been recovered from the house of Sarpanch.

In the facts and circumstances of the case, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Khagaria, in connection with Pasraha P.S. Case No.86 of 2018, subject to the condition that both the bailors shall be close relative of the petitioner.

(Sanjay Priya, J) J. Alam/- U T