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Patna High CourtCR. MISC./548/2021allowed

Dilip Kumar @ Dilip Yadav v. The State Of Bihar

2021-03-24Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.548 of 2021 Arising Out of PS. Case No.-863 Year-2019 Thana- AHIYAPUR District- Muzaffarpur ====================================================== DILIP KUMAR @ DILIP YADAV S/o Rajendra Prasad Yadav @ Rajendra Rai Resident of Vill. Gola Pakariya, Fatehpur Dhumnagar, P.S.- Lakhaura, Distt.- East Champaran.

... ... Petitioner/s

Versus

The State Of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Jitendra Kumar, Adv.

For the Opposite Party/s :

Mr. Satyadeo Singh Yadav, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-03-2021 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offence punishable under Section 363 of the Indian Penal Code. Allegation against the petitioner is that he kidnapped the son of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent, not named in the FIR and has been falsely implicated in this case. He submits that dead body of the victim was recovered from the Nepal as mentioned in para-74 of the case diary thereafter FIR was lodged against unknown person on 24.07.2019. He submits that police has recorded confessional statement of the petitioner forcibly and taken his signature which has no evidentiary value in the eye of law. He further

Patna High Court CR. MISC. No.548 of 2021(3) dt.24-03-2021 2/2 submits that petitioner is languishing in judicial custody since 31.01.2020.

Considering the facts and circumstances of the case, let the petitioner, above named, be released 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 the learned Court below where the case is pending in connection with ST No. 2535 of 2019 arising out of Ahiyapur P.S. Case No. 863 of 2019.

(Anjani Kumar Sharan, J) devendra/- U T