Nilesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30444 of 2023 Arising Out of PS. Case No.-293 Year-2022 Thana- CHAUSA District- Madhepura ====================================================== 1.

Nilesh Kumar S/O-Dinesh Chaudhary Resident of Village- Ismilepur, P.S.- Ismilepur, District- (Navgachhia) Bhagalpur 2.

Ashok Bihari @ Ashok Bihari Mandal S/O-Late Bhujangi Mandal Resident of Village- Ismilepur, P.S.- Ismilepur, District- (Navgachhia) Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pawan Kumar For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-07-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 365/34 of the Indian Penal Code.

As per prosecution case, the allegation against the petitioners is that they have kidnapped the father of the informant in the matter of transaction of money.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and have committed no offence. They have falsely been implicated in the present case due to ill motive of the informant and dirty village politics. It is further submitted in para 9 of the petition that father of informant used to make money transactions and had borrowed money from the petitioners also and

Patna High Court CR. MISC. No.30444 of 2023(3) dt.27-07-2023 2/2 when they demanded money and made pressure for returning the same, he has hatched a conspiracy against them to digest the money. During course of investigation, no consistent evidence has come against the petitioners in respect of abduction of the informant's father and demand of extortion money. A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. The petitioners are languishing in judicial custody since 27.12.2022. Learned APP appearing for the State has vehemently opposed the prayer for Bail and submitted that informant's father has been recovered by the police. The petitioners had kidnapped him for demand of extortion of money.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case as well as period of custody, this Court is inclined to enlarge the petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Chausa (Fulaut) P.S. Case No. 293 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Udakishunganj, Madhepura.

(Sunil Kumar Panwar, J) lata/- U T