Amar Jeet Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.37470 of 2024 Arising Out of PS. Case No.-332 Year-2023 Thana- ALOULI District- Khagaria ====================================================== Amar Jeet Yadav, aged about 40 years, Male, Son of Gohal Yadav, Resident of Village - Shaharbanni, Police Station - Allouli, District - Khagaria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mritunjay Kumar, Advocate For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 26-06-2024 Heard Mr. Mritunjay Kumar, learned counsel appearing on behalf of the petitioner and Mr. Damodar Prasad Tiwary, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Allouli P.S. Case No. 332 of 2023 registered for the offence(s) punishable under Sections 363, 365, 379/34 of the Indian Penal Code.

3. As per the allegation made in the FIR, the accused persons named therein including the petitioner have kidnapped the brother of the informant.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.37470 of 2024(2) dt.26-06-2024 2/3 petitioner submitted that the petitioner is innocent having clean antecedent and he is not involved in the alleged kidnapping of brother of the informant.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail and submitted that petitioner along with other co-accused Mulayam Kumar, Ranvir Kumar, Arvind Yadav and Nawal Kishor Yadav had kidnapped the brother of the informant. Brother of the informant was recovered from the house of co-accused Mulayam Kumar. In the statement recorded under Section 164 Cr.P.C., it has been observed in the impugned order that the victim has supported the involvement of this petitioner along with other co-accused in the occurrence.

6. Considering the nature of allegation made in the FIR, as well as, the fact that the victim has supported the involvement of the this petitioner along with other co-accused persons in the said occurrence, I am not inclined to enlarge the petitioner on pre-arrest bail. Accordingly, the present bail application is dismissed.

7. However, the petitioner, if so advised, may surrender before the District Court and seek regular bail. In that case, the District Court is directed to consider the bail

Patna High Court CR. MISC. No.37470 of 2024(2) dt.26-06-2024 3/3 application of the petitioner on the same day and pass necessary order on the basis of material, which has come in course of investigation without delay.

(Purnendu Singh, J) Sanjay/- Saurabh U T