Patna High CourtCR. MISC./43217/2021bail granted

Nirbhay Kumar v. The State Of Bihar

2021-10-29Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 43217 of 2021 Arising Out of PS. Case No.-251 Year-2020 Thana- KUMAR KHAND District- Madhepura ====================================================== NIRBHAY KUMAR Son of Gulab Chand Yadav Resident of Village - Baraina (Yadav Tola), P.S.- Sarsi, District - Purnea. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Pramod Mishra, Advocate For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-10-2021 Heard learned counsel for the petitioner and the State. The petitioner prays for grant of regular bail in a case registered for the offence punishable under sections 364A/34 of the Indian Penal Code.

As per the prosecution case, while the 12 years old son of the informant went to study, he did not return and on search his cycle was found by the road side. The informant apprehends that he has been kidnapped by accused persons. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Petitioner's name has figured during course of investigation in confessional statement of co-accused Mukesh Kumar. No substantive evidence has been collected during course of investigation to suggest the implication of this

Patna High Court CR. MISC. No. 43217 of 2021(2) dt.29-10-2021 2/2 petitioner in the present case. Petitioner has claimed clean antecedent and he is in custody since 26.9.2020. Learned counsel appearing for the State opposes the prayer for bail.

Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sessions Judge, Madhepura in Sessions Trial No. 07/2021, Kumarkhand Police Station Case No. 251 of 2020.

(Prabhat Kumar Singh, J) Shashi U T