Patna High CourtCR. MISC./36315/2024bail granted

Jitendra Kumar Yadav v. The State Of Bihar

2024-05-21Mr. Justice Ramesh Chand Malviya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36315 of 2024 Arising Out of PS. Case No.-353 Year-2023 Thana- JAGDISHPUR District- Bhojpur ====================================================== Jitendra Kumar Yadav Son Of Late Krishna Yadav @ Late Krishna Singh Resident Of Village - Anaith, P.S. - Ara Nawada, District - Bhojpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhat Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Jagdishpur P.S Case No. 353 of 2023 registered for the offences punishable under Sections 364 of the I.P.C.

3. As per prosecution case, it is alleged that some unknown person have kidnapped informant's husband for sake of Rs. 25 lakh.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. It is further submitted that victim has not taken the name of the petitioner in his statement under Section 161 whereas the name of the petitioner surfaced on the basis of the confessional statement.

Patna High Court CR. MISC. No.36315 of 2024(2) dt.21-05-2024 2/2 Petitioner is not named in FIR. No recovery was made from the petitioner. It is next submitted that co-accused has already granted bail by the Co-ordinate Bench of this Court vide order dated 04.04.2024 passed in Cr. Misc. No. 395 of 2024. It is also submitted that petitioner is in judicial custody since 13.09.2023.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, impugned order and period of custody and also considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner 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 IIndAdditional Chief Judicial Magistrate, Bhojpur, Ara in connection with Jagdishpur P.S Case No. 353 of 2023. (Ramesh Chand Malviya, J) Mayank/- U T