Dhananjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 47647 of 2021 Arising Out of PS. Case No.-24 Year-2020 Thana- RAMKRISHNANAGAR District- Patna ====================================================== DHANANJAY KUMAR Son of Jatan Paswan Resident of village - Habibpura, P.S. - Sohsarai, District - Nalanda. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rudal Singh For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 01-09-2021 The instant case has been taken up for consideration through the mode of Video conferencing in view of the prevailing situation on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel for the petitioner and the learned APP for the State Ms. Anita Kumari Singh. The petitioner seeks regular bail in connection with Ram Krishna Nagar PS case no. 24 of 2020 instituted for the offences punishable under Sections 364, 364(A) of Indian Penal Code. The petitioner is alleged to be the driver of the Scorpio vehicle which was allegedly used in kidnapping the victim boy

Patna High Court CR. MISC. No.47647 of 2021(2) dt.01-09-2021 2/3 and for other nefarious activities.

The learned counsel for the petitioner has submitted that the petitioner at best can be said to be the driver of the vehicle in question but he is admittedly not having any complicity in the alleged occurrence as also he is having a clean antecedent and is languishing in custody since 30.01.2020. It is further submitted that the co-accused persons who are the main accused namely Shibu Kumar and Vikash Kumar have been granted the privilege of bail and as far as another co-accused namely Sunny Kumar is concerned, he has also been granted the privilege of bail by a co-ordinate Bench of this Court.

Per contra, the learned A.P.P. for the State has though vehemently opposed the prayer for bail but has submitted that it appears that the petitioner is merely the driver of the hired Scorpio vehicle and moreover, he is not named in the F.I.R. I have heard the learned counsel for the parties and perused the materials on record. Having regard to the nature of allegation leveled against the petitioner and the period of incarceration undergone by the petitioner i.e more than one and half years, I deem it fit and proper to enlarge the above-named petitioner on bail on furnishing bail bond of Rs. 10,000/- (Rs.

Patna High Court CR. MISC. No.47647 of 2021(2) dt.01-09-2021 3/3 Ten thousand) with two sureties of the like amount each to the satisfaction of learned court of Sub-Judge-XIII-cum-Addl. Chief Judicial Magistrate, Patna in connection with Ram Krishna Nagar PS case no. 24 of 2020.

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