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Patna High CourtCR. MISC./21387/2023allowed

Jai Ram Thakur v. The State Of Bihar

2023-08-07Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21387 of 2023 Arising Out of PS. Case No.-13 Year-2022 Thana- HATHAURI District- Muzaffarpur ====================================================== Jai Ram Thakur S/O Gonaur Thakur R/O Village- Dakarama, P.S- Hathauri, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dr. Bipin Chandra Mr. Ayush Kumar For the Opposite Party/s :

Mr.Manoj Kumar For the Informant :

Mr. Puspendra Kr. Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 07-08-2023 Heard learned counsel for the petitioner, learned APP for the State and learned counsel for the informant. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 120(B), 364 and 34 of the Indian Penal Code.

Allegation against the petitioner along with other coaccused persons is that they abducted the son of the informant, namely, Golu Kumar and further alleged that they would kill her son.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case due to previous enmity. It is further submitted that there is no specific motive of abduction by the petitioner as alleged by the informant rather general and

Patna High Court CR. MISC. No.21387 of 2023(4) dt.07-08-2023 2/2 omnibus allegation has been levelled against the petitioner along with other co-accused persons. It is also submitted that the petitioner was not apprehended with the victim(informant's son) at the time of his recovery by the police and also no any ransom demand was executed. Further, the victim recovered from the custody of other co-accused person. Moreover, he is languishing in judicial custody since 12.12.2022.

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 Hathauri 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 C.J.M., Muzaffarpur.

(Sunil Kumar Panwar, J) Shubham/- U T