Aniket Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34314 of 2023 Arising Out of PS. Case No.-111 Year-2022 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== Aniket Kumar S/O Suresh Prasad Chaurasiya R/O Village- Jethui, P.SIndustrial Area Hajipur, Distt.- Vaishali. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anish Chandra, Advocate For the Opposite Party/s :
Mr. Surendra Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 26-06-2023 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner seeks bail in connection with Industrial Area Hajipur P.S. Case No. 111 of 2022 registered for the offence under Sections 364-A, 395 and 397 of the Indian Penal Code.
The accused/petitioner is not named in the F.I.R. and is in custody since 17.01.2023.
The allegation against the petitioner is to commit kidnapping during the course of docoity, where victim rescued by police during the course of kidnapping itself, arresting three co-accused persons.
Learned counsel appearing on behalf of the petitioner submitted that petitioner was not apprehended on spot and his
Patna High Court CR. MISC. No.34314 of 2023(2) dt.26-06-2023 2/3 name surfaced on the basis of confessional statement of unnamed co-accused, namely, Mukesh Kumar, who was named in this case on the basis of confessional statement of other apprehended co-accused persons. It is submitted that nothing surfaced/recovered during the course of investigation, which may connect this petitioner with present occurrence, out of said confessional statement of co-accused, namely, Mukesh Kumar, which was recorded, while apprehended in Industrial Area Hajipur P.S. Case No. 171 of 2022. While concluding the argument, it has been submitted that investigation of this case has been completed, for which, charge-sheet has been submitted, as such, there is no chance of tampering with the evidence.
Learned APP opposes the prayer of bail.
Considering the facts and circumstances as mentioned above, as save and except confessional statement of co-accused nothing appears incriminating against this petitioner to connect him with present occurrence, coupled with the fact that chargesheet has already submitted, where petitioner is in custody since 17.01.2023 let the petitioner, above named, is directed to be released on bail in connection with Industrial Area Hajipur P.S. Case No. 111 of 2022 on furnishing bail bond of Rs.10,000/-
Patna High Court CR. MISC. No.34314 of 2023(2) dt.26-06-2023 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Hajipur, Vaishali/concerned court, subject to the conditions as mentioned under Section 437 (3) of the Cr.P.C. (Chandra Shekhar Jha, J) pooja/- U T