Md. Akbar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26255 of 2024 Arising Out of PS. Case No.-614 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== 1.

Md. Akbar Son of Liyakat Rain Resident of Village- Mehsaul, Purvi, P.S. Sitamarhi, District- Sitamarhi 2.

Md. Nayeem Son of Jamil Akhtar Resident of Village- Mehsaul, Got, P.S. Sitamarhi, District- Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 26337 of 2024 Arising Out of PS. Case No.-614 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== Md. Shadab @ Kale Son of Md. Saem Resident of Village- Mehhsaul Got, P.S.- Sitamarhi, District-Sitamarhi ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 42250 of 2024 Arising Out of PS. Case No.-614 Year-2023 Thana- DUMRA District- Sitamarhi ====================================================== Ram Naresh Kumar S/O Ram Kailash Singh Resident village- Tandaspur, P.S.- Bathnaha,dist- Sitamarhi ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 26255 of 2024) For the Petitioner/s :

Mr.Zaki Haider For the Opposite Party/s :

Mr.Umeshanand Pandit (In CRIMINAL MISCELLANEOUS No. 26337 of 2024) For the Petitioner/s :

Mr.Zaki Haider For the Opposite Party/s :

Mr.Umeshanand Pandit

2/4 (In CRIMINAL MISCELLANEOUS No. 42250 of 2024) For the Petitioner/s :

Mr.Dwij Raj For the Opposite Party/s :

Mr.Arvind Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 30-07-2024 Heard learned counsel for the petitioners as well as learned APP for the State.

2. In this case, the petitioners are seeking regular bail in connection with Dumra P.S. Case No. 614 of 2023, registered for the offences punishable under Sections 420, 364A, 120B of the Indian Penal Code.

3. As per allegation, on 22.12.2023, the informant, invited by his friends Amit Singh and Pandit, came to India with his friends Krishna Thapa. They met Amit Singh and Pandit at Gaur and they traveled to Sitamarhi, where they visited on a pulsar motorcycle. They stated in a thatched house near DPS School. The next morning, Amit Singh left with the motorcycle, and later Pandit also departed. The informant tried to contact them but failed. He alleged that three persons abducted his friend and attempted to kidnap his as well, but he managed to escape. On 24.12.2023, the informant received a call demanding rupees six lakhs as ransom for the release of his friend and the motorcycle.

4. Learned counsel for the petitioners has submitted

3/4 that the petitioners are innocent and have falsely been implicated. The victim in his statement, under Section 164 of the CrPC, named only Amit and Pandit and did not name the petitioners. Except confessional statement of petitioner Shadab, there is nothing in the entire case diary against the petitioners. His further submission is that sthe confessional statement is not leading to recovery as such it is not admissible in the evidence. Learned counsel has also submitted that no TIP has been done.

5. On the other hand, learned APP has opposed the prayer for bail.

6. Considering the above-mentioned facts and circumstances, let the petitioners above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned C.J.M., Sitamarhi in connection with Dumra P.S. Case No. 614 of 2023, subject to the following conditions:- (i) The petitioners shall cooperate in the disposal of trial and make themselves available on each and every date of trial. In case of failure on two consecutive dates, the learned court below will be at liberty to cancel the bail bonds of the petitioners.

(ii) If the petitioners are found involved in future in

4/4 the similar type of offence, the prosecution will have liberty to file an application before the court below for cancellation of the bail of the petitioners and the learned court below will take decision in accordance with law.

(Nawneet Kumar Pandey, J) SONALI/- U T