Ajay Kumar Sharma @ Ajay Sharma @ Kamlesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37549 of 2019 Arising Out of PS. Case No.-376 Year-2012 Thana- NAWADA District- Nawada ====================================================== Ajay Kumar Sharma @ Ajay Sharma @ Kamlesh Kumar Son of Birendra Kishore Sharma Resident of Mohalla- Nirmal Nagar, Manjhi Tola, P.S.- Adityapur, District- Saraikela Kharsawan (Jharkhand). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 25-09-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 364A of the Indian Penal Code.

Some unknown person demanded ransom on mobile call and on non-fulfillment kidnapped to Rajendra Prasad and Sunil Kumar Sahu. During investigation the victims were recovered from near Garhwa in the State of Jharkhand. For recovery a separate police case was registered and the victim in his disclosure statement stated that the petitioner and others had kidnapped him. However, the details of the statement of the victim and Sunil Sahu would reveal that they had voluntarily

Patna High Court CR. MISC. No.37549 of 2019(4) dt.25-09-2019 2/3 taken lift on the vehicle of the petitioner and allegation is that on the way the petitioner served Laddu which was containing some stupefying substance, which made the victims unconscious, and the victims were kept in captivity for two days. The petitioner is in custody since 17.07.2018. Submission is that the material on record would reveal that the petitioner had deferred his visit to Ranchi on the ground of non-release of the vehicle and the victim waited for two days for release of the vehicle to accompany as gratuitous passenger on the vehicle of the petitioner. Investigation of the case is already complete.

Considering the nature of allegation and the period already undergone, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Sessions Trial No.404 of 2018, arsing out of Nawada P.S. Case No.376 of 2012, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial

Patna High Court CR. MISC. No.37549 of 2019(4) dt.25-09-2019 3/3 of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(Birendra Kumar, J) Mkr./- U T