Jaynath Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29843 of 2022 Arising Out of PS. Case No.-132 Year-2021 Thana- CHAUSA District- Madhepura ====================================================== JAYNATH YADAV S/o Polo Yadav Resident of Village- Bhatgama, P.S.- Chausa, District- Madhepura ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dinesh Prasad Verma, Adv.

For the Opposite Party/s :

Ms. Shaheen Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 13-01-2023 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 364 and 34 of the Indian Penal Code.

As per the prosecution case, it is stated that when the younger brother of the informant started his motorcycle, the petitioner came and asked him to accompany him. Thereafter the petitioner started driving the motorcycle. Soon thereafter the accused persons named in the F.I.R. came in a four wheeler vehicle and kidnapped the informant's younger brother. It is further stated that on the petitioner being asked by the informant about his younger brother, the petitioner stated that there was less chance of his brother returning.

It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.29843 of 2022(4) dt.13-01-2023 2/2 that the petitioner has been falsely implicated in the case. No material has transpired in course of investigation to connect the petitioner with the alleged crime. The petitioner is in custody since 10.11.2021, has no criminal antecedent and chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the nature of allegation in the F.I.R., the material that has transpired in course of investigation, the petitioner being in custody for more than a year since 10.11.2021 and chargesheet having been submitted in the case, the Court directs the petitioner to be enlarged on bail in connection with Chausa P.S. Case no.132 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Udakishunganj, District Madhepura.

(Partha Sarthy, J) Saurabh/- U T