Subhash Kunwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31993 of 2021 Arising Out of PS. Case No.-245 Year-2017 Thana- BALIYA District- Begusarai ====================================================== SUBHASH KUNWAR Son of Vakil Kunwar Resident of Village - Sahbegpur, Sondipi, P.S.- Ballia, Distt.- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arjun Prasad For the Opposite Party/s :

Mr. Lalan Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-01-2022 Heard learned counsel for the petitioner and the State. The matter has been taken up through video conferencing.

Petitioner seeks regular bail in a case registered for the offence punishable under Section 302, 364/34 and some other allied Sections of the Indian Penal Code. As per the prosecution case, 14 named accused persons kidnapped the husband of informant.

Learned counsel appearing for the petitioner submits that petitioner is innocent and has falsely been implicated in the case. It is submitted that initially petitioner helped the victim from kidnapping but later on during the course of investigation he has been made accused in this case. In fact petitioner is named witness of the FIR and petitioner objected and opposed

Patna High Court CR. MISC. No.31993 of 2021(2) dt.06-01-2022 2/2 the high- handiness of the named accused persons but they threatened him on the point of rifle and this fact is mentioned in FIR. Three named accused persons, namely, Babloo Mahto, Murari Singh and Upendra Yadav have already been granted bail by co-ordinate Benches of this court vide order passed in Cr. Misc. No. 44149/ 2018, 16586/2019 and in Cr. Misc. No. 46489/2019. Petitioner is in custody since 12.12.2020 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail.

Considering the facts of the case and the period of custody of the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai in connection with Ballia PS case No. 245/2017.

(Prabhat Kumar Singh, J) BKS/- U T