Dharmendra @ Dhananjay Yadav @ Dhananjay v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30424 of 2019 Arising Out of PS. Case No.-280 Year-2017 Thana- BODHGAYA District- Gaya ====================================================== DHARMENDRA @ DHANANJAY YADAV @ DHANANJAY S/o Late Arvind Yadav Resident of Village- Pachambha, P.S.- Nimchak Bathani, District- Gaya.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rajeev Kumar For the Opposite Party/s :

Mr.Md. Shakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case instituted for the offences under Sections 365, 364, 302, 120B/34 of the Indian Penal Code.

Prosecution allegation, in short, is that the accused persons kidnapped informant's brother whose dead body was recovered on the next day.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 6.2.2019 and has got no criminal antecedent. Charge-sheet/prosecution report has been submitted in this case. There is no allegation of tampering of witnesses alleged against the petitioner. No offence of abduction

Patna High Court CR. MISC. No.30424 of 2019(6) dt.20-09-2019 2/2 is made out in the present case. The victim has not been taken forcibly by the accused persons. The name of the petitioner has transpired on the basis of confession of co-accused. Except for this, there is no other substantive evidence to suggest his implication in the present case. There is no eye witness to the alleged occurrence.

On behalf of the State, it is submitted that the petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya in connection with Bodh Gaya P.S. Case No. 280/2017.

(Sudhir Singh, J) Pankaj/- U T