Patna High CourtCR. MISC./30060/2019bail granted

Vivek Kumar @ Gappu Kumar v. The State Of Bihar

2019-09-18Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30060 of 2019 Arising Out of P.S. Case No.-446 Year-2018 Thana- ARA NAWADA District- Bhojpur ====================================================== VIVEK KUMAR @ GAPPU KUMAR, aged about 21 years, Male, Son of Ashok Kumar @ Ashok Kumar Singh Resident of Village- Ajnap, P.S.- Ayer, District- Bhojpur.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Lakshmi Kant Sharma, Advocate For the Opposite Party :

Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 18-09-2019 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor and perused the cased diary.

The petitioner is in custody in connection with Ara Nawada P.S.Case No.446 of 2018 registered for an offence under Section 364 of the IPC.

As per prosecution case that on 02.07.2018 at about 5.30 P.M. informant's father Brida Nand Prasad has been allegedly kidnapped with an intention to kill him. She further alleged that when she tried to contact her father through phone, his father replied that he is in Bihta and when she again contacted her father, he replied that he is unable to tell about his whereabout. Then again, the informant tried to contact his father

Patna High Court CR. MISC. No.30060 of 2019(3) dt.18-09-2019 2/2 through the mobile, the mobile was found switched off. Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case due to enmity with the police. He further submits that petitioner is not named in the FIR and the informant in her statement under Section 164 of the Cr.P.C. has not named this petitioner. Petitioner is in custody since 22.01.2019.

Considering the aforesaid facts and circumstances, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of CJM, Bhojpur at Ara in connection with Ara Nawada P.S.Case No.446 of 2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Prabhat Kumar Singh, J) B.Kr./- U T