Sindhu Kumar @ Sidharth Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36105 of 2021 Arising Out of PS. Case No.-172 Year-2017 Thana- NALANDA District- Nalanda ====================================================== Sindhu Kumar @ Sidharth Kumar Son of Arvind Mahto Resident of Village - Daulachak, P.S.- Giriyak, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-01-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Nalanda P.S. Case No. 172 of 2017 instituted for the offences under Section 364A of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is in custody since 23.02.2021, is a person with clean antecedent and charge-sheet has been submitted in the case. Learned counsel for the petitioner submits that from bare perusal of the allegation as alleged in the F.I.R. it would manifest that the informant alleges that his son Deepak on 08.11.2017 at about 6.00 am had gone to get medicine and he called at 2.00 pm saying that he has been kidnapped and also informed that his kidnappers were demanding Rs. 20 lakhs for

Patna High Court CR. MISC. No.36105 of 2021(3) dt.03-01-2022 2/2 his release.

Learned counsel for the petitioner submits that the petitioner is not named in the F.I.R., the name of this petitioner came in the confessional statement of co-accused Sintu, even the victim has not named the petitioner either in his statement under Section 161 or 164 of the Cr.P.C. and the said Sintu has been acquitted by the learned court below by judgment dated 28.01.2019 passed in Sessions Trial No. 159 of 2018. Learned A.P.P. for the State vehemently opposes the prayer for regular bail of the petitioner.

Considering the fact that the petitioner is in custody since 23.02.2021, charge-sheet has been submitted in the case and the co-accused on whose confessional statement his name transpired, has been acquitted, let the petitioner above named be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Thousand only) with two sureties of the like amount each to the satisfaction of learned 3rd Additional Sessions Judge, Nalanda at Biharsharif in connection with Nalanda P.S. Case No. 172 of 2017.

(Satyavrat Verma, J) Rishi/- U T