Kamlesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44936 of 2024 Arising Out of PS. Case No.-289 Year-2023 Thana- PATEPUR District- Vaishali ====================================================== Kamlesh Rai Son Of Late Raghunath Rai Village- Saidpur Dumra Mandaidih, P.S.- Patepur, Distt.- Vaishali ... ... Petitioner/S

Versus

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

For the Petitioner/s :

Mr.Rajesh Kumar For the Opposite Party/s :

Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 05-07-2024 Heard learned counsel for the petitioner and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Patepur P.S. Case no. 289 of 2023 instituted for the offence under Sections 363, 365/34 of the Indian Penal Code.

The prosecution case in nutshell is that informant's grnadson, namely, Gautam Kumar is a teacher in Repura Middle School and on 29.11.2023, while his grandson was teaching students in the school, it is alleged that

Patna High Court CR. MISC. No.44936 of 2024(2) dt.05-07-2024 2/3 petitioners along with other co-accused persons have abducted him by bolero vehicle.

Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence.

Petitioner is not named in the F.I.R. and his name sprang up during investigation of this case as he was driving the vehicle on which the victim was taken away. He has no concern with the alleged offence. Moreover, similarly situated several co-accused persons have already been granted bail by this Court.

In contra, learned A.P.P., appearing for the State vehemently opposed the prayer of the bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in

Patna High Court CR. MISC. No.44936 of 2024(2) dt.05-07-2024 3/3 the event of his arrest or surrender in connection with Patepur P.S. Case no. 289 of 2023, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali, Hajipur, subject to the conditions as laid down under section 438(2) of the Cr.P.C.

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