Sukat Mahto @ Sukat Noniya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34644 of 2023 Arising Out of PS. Case No.-161 Year-2000 Thana- CHANPATIA District- West Champaran ====================================================== SUKAT MAHTO @ SUKAT NONIYA SON OF LATE BIRA MAHTO Resident of Village- Manpur Mathiya, P.S.-Bathwariya, District-West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar For the Opposite Party/s :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 10-10-2023 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for regular bail has been filed by the petitioner registered for the offence punishable under Section 364A of the Indian Penal Code.

As per allegation in the FIR, 15-16 unknown miscreants alleged to have kidnapped brother-in-law of the informant, namely, Rakesh Kumar Dubey in the way near Kumarbagh Railway Dhala for ransom. When the informant along with his brother-in-law was returning from Bettiah after taking medicine on 16.9.2000.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. FIR is against unknown. The complicity of the petitioner has been transpired on the basis of confessional

Patna High Court CR. MISC. No.34644 of 2023(4) dt.10-10-2023 2/2 statement of co-accused Yogi Mian. Statement of the victim boy was recorded u/s 164 Cr.P.C. in which he has not made specific allegation of abduction against the petitioner. Accused persons had not caused any harm to the victim. There was no call for ransom demand by the accused persons. General and omnibus allegation has been levelled against the petitioner. Petitioner has got no criminal antecedent and languishing in judicial custody since 13.02.2023.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bettiah, West Champaran in connection with Chanpatia P.S. Case No. 161 of 2000.

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