Khan Mohammad @ Khan Mohammad Ansari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34794 of 2021 Arising Out of PS. Case No.-249 Year-2020 Thana- DHANAHA District- West Champaran ====================================================== Khan Mohammad @ Khan Mohammad Ansari Son Of Late Hasan Miyan Resident Of Village-Kataha, Police Station-Dhanaha, District-West Champaran.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Zainul Abedin, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 26-10-2021 Heard learned counsel for the petitioner and the State. The petitioner seeks regular bail in Dhanaha Police Station Case No. 249 of 2020 registered for the offences punishable under sections 363 and 364A of the Indian Penal Code.

As per the prosecution case, unknown accused persons kidnapped 7 years old son of the informant. Learned counsel for the petitioner submits that occurrence took place on 14.10.2020 but the FIR was lodged on 16.10.2020 and there is no explanation of delay occurred in lodging of the FIR. Petitioner has got clean antecedent as stated in paragraph 3 of the bail petition. Petitioner is in custody since 20.10.2020. Similarly situated co-accused, who had demanded

Patna High Court CR. MISC. No.34794 of 2021(4) dt.26-10-2021 2/2 ransom, has already been allowed bail.

Learned counsel for the State and the informant oppose the prayer for bail and submits that case of the petitioner is distinguishable with the aforesaid accused person, as on the disclosure made by this petitioner, victim was recovered and on recovery, the victim identified the petitioner. Considering the nature of accusation against the petitioner, his prayer for bail is refused.

(Prabhat Kumar Singh, J) Shashi U T