Rabindra Kushawaha @ Rabindra Prasad @ Rabindra Mahto @ Rabindra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54067 of 2021 Arising Out of PS. Case No.-178 Year-2021 Thana- GRIYAK District- Nalanda ====================================================== RABINDRA KUSHAWAHA @ RABINDRA PRASAD @ RABINDRA MAHTO @ RABINDRA KUMAR SON OF JAGDISH MAHTO R/O VILLAGE- SINGTHU, P.S.- MANPUR, DISTRICT- NALANDA ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ganesh Sharma, Adv.

For the Opposite Party/s :

Mr.Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 04-04-2022 Heard learned counsel for the parties.

The petitioner has preferred this application for grant of regular bail in a case registered under sections 364A and 120B of the Indian Penal Code.

As per the prosecution case, it is stated by the informant that unknown accused persons kidnapped the son of the informant and left Ravi Shankar Kumar. The informant states that he suspects that Ravi Shankar Kumar has a hand in kidnapping his son.

It is submitted by learned counsel for the petitioner that the FIR was registered against Ravi Shankar Kumar and three unknown. The petitioner was not named in the FIR. The name of the petitioner transpired in the statement of one Sanjay

Patna High Court CR. MISC. No.54067 of 2021(3) dt.04-04-2022 2/2 recorded in course of investigation and in the confessional statement of coaccused Ravi Shankar Kumar made before the Police. The victim was recovered. The petitioner is not named in the statement of the victim recorded under section 161 Cr.P.C. or under section 164 Cr.P.C. The petitioner has not been put on T.I. Parade and is in custody since 23.5.2021. Chargesheet has been submitted in the case.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration the facts of the case, the material that has transpired in course of investigation together with the petitioner not having been put on T.I. Parade and having remained in custody for over 10 months, the Court directs the petitioner to be enlarged on bail in connection with Giriyak (Pawapuri) P.S. Case no. 178 of 2021 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1/successor Court, Nalanda at Biharsharif.

(Partha Sarthy, J) Bibhash U