Aditya Kumar @ Ravi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47445 of 2023 Arising Out of PS. Case No.-201 Year-2023 Thana- KANTI District- Muzaffarpur ====================================================== ADITYA KUMAR @ RAVI KUMAR, Son Of Shivdhar Singh, R/O VillageBhikhanpur, P.S.- Mehadiya, Dist. Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Arun Kumar, Adv.

For the Opposite Party/s :

Mr. Rajesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER 02-08-2023

1. Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner seeks regular bail in connection with Kanti P.S. Case No. 201 of 2023 dated 17.03.2023 registered for the offence punishable under Section 364A read with Section 34 of the Indian Penal Code.

3. The main submissions advanced by petitioner's counsel are that though the instant matter relates to abduction of informant's son for ransom but petitioner has been named in the FIR merely on the basis of suspicion on account of him being the renter of the informant and on the alleged day of abduction the petitioner simply called the victim to join him for a refreshment at a sweets shop and when the victim was on the way he was abducted by some unknown persons and in that

Patna High Court CR. MISC. No.47445 of 2023(2) dt.02-08-2023 2/3 incident of abduction, petitioner's presence was not alleged. Further submission is that the victim returned just one day after the alleged incident and recorded his statements under Sections 161 and 164 of Cr.P.C. but he did not reveal any role of the petitioner in the alleged crime of abduction and after institution of the FIR, police did not make any investigation regarding the mobile number which was used in calling the informant while making the ransom call, though during investigation some of the co-accused persons revealed the name of this petitioner being involved in the alleged crime but the said statement was in the form of confessional statement given before the police which has no evidentiary value. Further submissions are that the petitioner is an employee of NTPC and he has been languishing in jail since 19.03.2023 having fair and clean antecedent and against him the investigation has been completed.

4. Learned APP appearing for the State has opposed the prayer for bail.

5. Considering the above submissions and mainly the completion of investigation against this petitioner as well as his fair and clean antecedent and also the fact that as per the above submission the victim, who returned his home just one day after the alleged occurrence, did not reveal any role of the petitioner

Patna High Court CR. MISC. No.47445 of 2023(2) dt.02-08-2023 3/3 in the alleged crime of abduction and in the FIR the informant simply raised suspicion against this petitioner, in the said circumstances, this Court is of the view that the petitioner deserves to a lenient approach of this Court. Accordingly, let the petitioner named-above be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the concerned Court in connection with Kanti P.S. Case No. 201 of 2023. (Shailendra Singh, J.) Maynaz/- U T