Abhishek Kumar @ Nepali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26840 of 2023 Arising Out of PS. Case No.-214 Year-2022 Thana- BARIYARPUR District- Munger ====================================================== Abhishek Kumar @ Nepali S/O Bhushan Singh Resident Of Village- Bhalar, P.S.- Dharahra, District- Munger.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 24-05-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Bariyarpur P.S. Case No. 214 of 2022 dated 28.12.2022, instituted for the offence punishable under Sections 364/34 of the Indian Penal Code. Later on vide Order dated 30.12.2022, section 302/120(B) of the Indian Penal Code has been added.

3. The prosecution case, in short, is that on 27.12.2022 at about 4:30 pm, the husband of informant left the house to roam around but never return back, hence, informant's family inquired and found that informant's husband was seen with co-accused on four-wheeler. It is alleged that owner of the vehicle have kidnapped the informant's husband with intention to kill.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.26840 of 2023(2) dt.24-05-2023 2/2 petitioner is innocent and he is falsely implicated in this case. It is further submitted that the petitioner is not named in the F.I.R. and he has been made accused in this case only on the basis of confessional statements of Bikku Kumar and Jitendra Kumar. He further submitted that nothing has been recovered from the conscious possession of the petitioner and except the confessional statements of other co-accused, there is no material against the petitioner. Lastly, it has been submitted that the petitioner is in custody since 30.12.2022 having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st class, Munger in Bariyarpur P.S. Case No. 214 of 2022. (Khatim Reza, J) Sankalp/- U T