Lokesh Bhanu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30592 of 2019 Arising Out of PS. Case No.-40 Year-2018 Thana- PATLIPUTRA District- Patna ====================================================== Lokesh Bhanu, Gender-Male, aged about 33 years, Son of Indra Kumar Jha Resident of Village- Pindaruch, P.S.- Kamtaul, District- Darbhanga (At present Residing at C/o- Sudhir Kumar Verma, Mohalla- Road No. 21, Bhikhachak, Gardanibagh, P.S.- Gardanibagh, District- Patna) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shashank Shekhar For the Opposite Party/s :

Mr. Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 14-05-2019 Heard learned counsel for the parties.

Petitioner seeks bail in a case registered for the offence punishable under Sections 364(A) of the Indian Penal Code.

Informant has alleged that his brother has been kidnapped while going to school by unknown criminals and they demanded ransom of 1.5 crores from him. Earlier, prayer for bail of the petitioner was rejected vide order dated 06.10.2018 as contained in Annexure 1. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case only on the basis of suspicion. It has further been submitted that kidnapped boy has been recovered. It has further been

Patna High Court CR. MISC. No.30592 of 2019(3) dt.14-05-2019 2/3 submitted that similarly placed co-accused Shashi Ranjan, Waqar Ashraf @ Aamir and Saurav Kumar @ Sunny to whom the kidnapped boy had named, have been granted bail by this Court as contained in Annexure 6 series. Petitioner is in custody since 07.02.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Sessions Trial No.366 of 2018 arising out of Patliputra P.S. Case No. 40 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of

Patna High Court CR. MISC. No.30592 of 2019(3) dt.14-05-2019 3/3 bail of the petitioner.

(S. Kumar, J) Sanjay/- U