Pradeep Yadav @ Pradeep Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43828 of 2021 Arising Out of PS. Case No.-257 Year-2019 Thana- MIRGANJ District- Gopalganj ====================================================== Pradeep Yadav @ Pradeep Kumar Yadav S/O Birendra Yadav @ Virendra Yadav R/O Village-Distouli, P.S.- Khampur, District-Deoria, U.P. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Indrajeet Bhushan For the Opposite Party/s :

Mr.Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-01-2022 Heard.

The petitioner seeks regular bail in connection with Mirganj P.S. Case No. 257 of 2019, registered for the offence punishable under sections 387 of the Indian Penal Code.

The allegation is regarding one Vishal Singh having demanded a ransom of Rs. 10 lakhs from the father of the informant, after calling him by his mobile phone. It appears that the petitioner has been dragged in the present case upon disclosure having been made made by the said Vishal Singh, in his confessional statement, recorded by the police, about the complicity of the

Patna High Court CR. MISC. No.43828 of 2021(2) dt.22-01-2022 2/3 petitioner herein.

The learned counsel for the petitioner has submitted that the petitioner is innocent, has been falsely implicated in the present case and is languishing in custody since 20.02.2020. The learned counsel for the petitioner has further submitted that the petitioner has got nothing to do with the alleged incident and only on account of his bad criminal antecedent, he has been remanded in the present case after he was arrested in one other case bearing Mirganj P.S. Case No. 216 of 2019. It is submitted that charge sheet has already been filed in the present case and investigation is complete, hence, no prejudice would be caused to the prosecution if the petitioner is admitted to the privilege of bail. Per contra, Shri Uday Chand Prasad, the learned APP for the State, has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the parties and taking into

Patna High Court CR. MISC. No.43828 of 2021(2) dt.22-01-2022 3/3 account the materials available on record as also considering the fact that the petitioner is neither alleged to have called the informant or his father, on their mobile nor he is alleged to have demanded ransom money and in fact the coaccused person namely Vishal Singh is the main accused as far as the present case is concerned, I deem it fit and proper to admit the petitioner to the privilege of regular bail.

Accordingly, the petitioner, above named, is directed to be released on bail on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned A.C.J.M.- XVI, Gopalganj in connection with Mirganj P.S. Case No. 257 of 2019.

(Mohit Kumar Shah, J) Tiwary/- U T