Vishwanath Thandar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36585 of 2023 Arising Out of PS. Case No.-72 Year-2022 Thana- FORBESGANJ District- Araria ====================================================== Vishwanath Thandar S/O Udyanand Yadav R/O Vill. Amhara Ward No. 12, Ps. Forbesganj, Dist. Araria ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr. Mukesh Kumar Rana For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 04-07-2023 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 364A, 120B/34 of the Indian Penal Code.

As per prosecution case, the informant's uncle went to Purnea for purchasing medicine but he did not return. After that one call has been made to the informant by unknown miscreants regarding ransom of Rs. 20 lacs otherwise, his uncle has been killed. Thereafter, this case has been lodged. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The prosecution case has been lodged against unknown and this petitioner has falsely been implicated in this case. Nothing has been recovered from conscious possession of the petitioner. The

Patna High Court CR. MISC. No.36585 of 2023(2) dt.04-07-2023 2/2 name of the petitioner transpired in this case only on the basis of confession made by co-accused namely, Jitendra Kumar Sah who is already getting the privilege of bail granted by a coordinate Bench of this Court vide order dated 29.3.2023 passed in Cr. Misc. No. 19971 of 2023 hence, the case of this petitioner stands on similar footing of that of co-accused. It is further submitted that the petitioner is languishing in judicial custody since 30.1.2022.

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 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 Forbesganj P.S. Case No. 72 of 2022 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria.

(Sunil Kumar Panwar, J) Amandeep/- U T