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Patna High CourtCR. MISC./1603/2016disposed

Subhash Paswan v. The State Of Bihar

2016-01-13Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1603 of 2016 Arising Out of PS.Case No. -107 Year- 2015 Thana -BEUR District- PATNA ======================================================

1. Subhash Paswan son of Late Mahendra Paswan resident of Yarpur, Sivaji Path, P.S.- Gardanibagh, Distt- Patna .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh For the Opposite Party/s : Mr. M.Dayal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-01-2016 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under section 364 of the Indian Penal Code.

The prosecution case is that someone called the husband of informant through phone and thereafter he became traceless.

The victim, Sunil Kumar Upadhyaya, was subsequently recovered and though he supported the accusation of kidnapping and demand of extortion but has not named anyone. The name of the petitioner transpired on the confessional statement of co-accused Shyam Rai and Deepak. It is submitted by learned counsel for the petitioner that

Patna High Court Cr.Misc. No.1603 of 2016 (2) dt.13-01-2016 2/2 except the confessional statement of co-accused, there is no material against the petitioner and the victim has not named the petitioner.

Let the learned court below consider the prayer for regular bail of the petitioner, if the petitioner surrenders within a period of six weeks in connection with Beur P.S. case No. 107 of 2015 pending before learned Chief Judicial Magistrate, Patna. With the above observation, this application is disposed of.

(Dinesh Kumar Singh, J) BKS/- U T