Binod Kumar Das @ Binod Kumar Paswan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34714 of 2023 Arising Out of PS. Case No.-224 Year-2014 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== Binod Kumar Das @ Binod Kumar Paswan Son of Raghunath Das Resident of Village- Gouraul, PS- Goraul, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hemant Kumar For the Opposite Party/s :
Mr.Suman Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-07-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 365, 327, 328, 120B, 392 of the Indian Penal Code and later on added Section 364, 396 and 412 of the Indian Penal Code. As per F.I.R., by administrating intoxicating substance, the accused persons kidnapped the brother-in-law of the informant. Allegedly victim has asked for lift to go to village Sakari from the accused persons, who were also going towards same direction by Maruti Van.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. FIR is against un-known. In confessional statement of co-accused md.
Patna High Court CR. MISC. No.34714 of 2023(3) dt.06-07-2023 2/2 Akbar, name of the petitioner has transpired before the police, which has no evidentiary value in the eye of law. As yet, petitioner has not been put on TIP by the police officials. Save and except confessional statement, nothing has come against the petitioner during investigation to suggest his complicity in the present case. Petitioner is languishing in judicial custody since 03.01.2023.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with LNMU P.S. Case No. 224 of 2014 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned District and Sessions Judge, Darbhanga. (Sunil Kumar Panwar, J) lata/- U T