Patna High CourtCR. MISC./51107/2021bail rejected

Md. Saif Khan @ Md. Saif v. The State Of Bihar

2022-01-03Mr. Justice Prabhat Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51107 of 2021 Arising Out of PS. Case No.-451 Year-2020 Thana- BARAUNI District- Begusarai ====================================================== MD. SAIF KHAN @ MD. SAIF Son of Md. Ikbal Khan Resident of Village - Pokharia Ward No. 35, P.S.- Town Begusarai, District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-01-2022 Heard learned counsel for the petitioner and the State. Petitioner seeks regular bail in a case registered for the offence punishable under Section 364(A),120B of the Indian Penal Code.

As per the prosecution case, on 22.11.2020 at about 6 AM the son of informant had gone to Railway Inter College. At about 6.49AM the informant received call from mobile No. 8340538482 that his son has been kidnapped and also demanded ransom of Rs. One crore leading to registration of FIR against four unknown persons.

Learned counsel appearing for the petitioner submits that petitioner is not named in the FIR. The name of petitioner has come in this case during the course of investigation in the confessional statement of co-accused. Similarly situated accused

Patna High Court CR. MISC. No.51107 of 2021(3) dt.03-01-2022 2/2 Saurabh Kumar Jha has already been granted bail by this court vide order dated 02.03.2020 passed in Cr. Misc. No. 33463/2021. Petitioner is in custody since 23.11.2020 and investigation in this case is complete.

Learned counsel appearing for the State opposes the prayer for bail and submits that petitioner has been identified in the Test Identification Parade and case of co-accused, Saurabh Kumar Jha is different from this petitioner as in the case of coaccused, Saurabh Kumar Jha, it was submitted that no T.I. Parade has been held till date.

Considering the nature of accusation and gravity of the offence, I am not inclined to enlarge the petitioner on bail. Accordingly, the same is rejected.

(Prabhat Kumar Singh, J) BKS/- U T