Saurabh Kumar Jha @ Saurabh Jha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33463 of 2021 Arising Out of PS. Case No.-451 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== Saurabh Kumar Jha @ Saurabh Jha Son of Sunil Jha @ Sunil Kumar Jha Resident of Ward No. 32, Mirganj, Power House Deepsikha Road, Sinema (Cinema) Hall Gali, Near Mamta Hotal (Hotel), P.S.- Town, District - Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pritish Kumar Lal For the Opposite Party/s :

Mr.Braj Kishore Pd.(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-10-2021 Heard both parties.

The petitioner seeks bail in Barauni P.S. Case No. 451 of 2020, registered for the offence punishable under Section 364(A)/120(B) of the Indian Penal Code.

As per the prosecution case, on 22.11.2020 at about 6.00 am, the son of informant had gone to Railway Inter College. At about 6.49 am the informant received call from mobile no. 8340538482 that his son has been kidnapped and also demanded ransom of Rs one crore leading to registration of FIR against four unknown persons.

It is submitted on behalf of the petitioner that petitioner is not named in the FIR. During course of investigation, name of this petitioner has come in this case on the basis of confessional statement of co-accused Raushan

Patna High Court CR. MISC. No.33463 of 2021(3) dt.21-10-2021 2/2 Thakur. No incriminating article has been recovered from possession of this petitioner. No test identification parade has been held till date. The vehicle which was recovered was found parked in lane besides the house of petitioner. Petitioner is in custody since 24.11.2020 having clean antecedent. Considering the facts and circumstances of the case and clean antecedent of the petitioner, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No.

451 of 2020, subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below. (ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.