Patna High CourtCR. MISC./12478/2015rejected

Rajesh Yadav v. The State Of Bihar

2015-07-06Mr. Justice Kishore K. Mandal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12478 of 2015 Arising Out of PS.Case No. -591 Year- 2014 Thana -GAYA KOTWALI District- GAYA ====================================================== Rajesh Yadav Son of Kailash Yadav, resident of Village - Kashipura, Pokharapar, Police Station - Magadh Medical and District - Gaya. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2 For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 06-07-2015 Heard Mr. Thakur learned counsel for the petitioner and Mr. Bhagat learned Spl. APP for the State. The petitioner is an accused of Kotwali P.S. Case No. 591 of 2014 registered under section 364 IPC and sections 3(i) (x), 3(2) (v) (vi) of the SC/ST Act. The allegation in a nutshell is that while the nephew of the informant was carrying the patient on an ambulance owned by the victim the petitioner along with two others intercepted him and on gunpoint he was kidnapped. Accordingly an FIR was lodged.

The contention of the petitioner is that the victim returned home after the occurrence. It is stated that due to business rivalry the present case has been lodged. He is in custody since 20.12.2014.

Patna High Court Cr.Misc. No.12478 of 2015 (5) dt.06-07-2015 2/2 Mr. Bhagat points out that in the statement under section 164 Cr. P.C. made by the victim he has supported the allegation against the petitioner.

Considering the facts and circumstances of the case, this Court, for the present, is not inclined to grant bail to the petitioner. His prayer for bail is accordingly rejected. The petitioner shall have liberty to renew his prayer for bail after five months in the court below itself which shall be considered and disposed of on its own merit in accordance with law.

(Kishore Kumar Mandal, J) HR/- U T