Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26907 of 2020 Arising Out of PS. Case No.-150 Year-2020 Thana- HAJIPUR SADAR District- Vaishali ====================================================== NIRAJ KUMAR Son of Late Ramesh Prasad Resident of Mohalla- Katra (Mednimal), Police Station- Hajipur Town, District- Vaishali. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kaushal Kishor For the Opposite Party/s :

Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-01-2021 Heard learned counsel for the parties.

This application for regular bail arises out of Hajipur Sadar P.S. Case No. 150 of 2020, disclosing offences punishable under Sections 364A/120B of the Indian Penal Code. The informant alleged in the complaint petition that her husband was kidnapped by six persons and they demanded ransom of Rs.100000/- (one lac) from her. The informant had claimed that other two persons had concealed their faces. It transpires from the case diary that names of the petitioner and other two persons, who were allegedly involved in the commission of the offence, surfaced on the basis of confessional statement of co-accused Amit Kumar Sinha. He disclosed the petitioner's name and names of Himanshu Raj and Anil Kumar

Patna High Court CR. MISC. No.26907 of 2020(6) dt.18-01-2021 2/2 Pandey as his accomplices, who had committed the offence. Mr. Yogesh Chandra Verma, learned Senior counsel appearing on behalf of the petitioner has submitted that the petitioner is in custody since 02.03.2020 and other co-accused persons, namely, Himanshu Raj and Anil Kumar Pandey have been allowed regular bail by this Court by orders dated 20.10.2020 passed in Cr. Misc. No. 22999 of 2020 and Cr. Misc. No. 23010 of 2020.

On perusal of paragraph 10 of the case diary and the order passed by this Court in case of Himanshu Raj and Anil Kumar Pandey (supra), I find substance in the submission made on behalf of the petitioner that the accusation against the petitioner and other two accused persons is identical in nature. Considering the above, this application is allowed. 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 the learned Chief Judicial Magistrate, Vaishali at Hajipur in Hajipur Sadar P.S. Case No. 150 of 2020.

(Chakradhari Sharan Singh, J) arun/- U