Satish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38070 of 2023 Arising Out of PS. Case No.-46 Year-2023 Thana- LAHERIMUHALLA District- Nalanda ====================================================== SATISH KUMAR S/O UMESH YADAV R/O Village- Shyam Nagar, P.SDeepnagar, Distt.- Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raj Kishor Prasad For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Laheri P.S. Case No. 46 of 2023 dated 18.01.2023 registered for the offences punishable u/ss 365 and 364A of the Indian Penal Code.

3. As per the prosecution case, some unknown miscreants are alleged to have kidnapped the informant's son when he was going to his home.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.38070 of 2023(3) dt.08-09-2023 2/3 this case. Nothing incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has surfaced during the investigation on the basis of self confessional statement. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.01.2023.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner and submitted that the motorcycle and mobile phone of the victim was recovered from the possession of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Nalanda at Biharsharif in connection with Laheri P.S. Case No. 46 of 2023 with the condition:- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.38070 of 2023(3) dt.08-09-2023 3/3 cause, the bail bonds of the petitioner are liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Alok Verma/- U T