Pradeep Sao @ Pradeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.58552 of 2024 Arising Out of PS. Case No.-13 Year-2022 Thana- CHANAN District- Lakhisarai ====================================================== Pradeep Sao @ Pradeep Kumar Son of Ram Chandra Sao @ Ram Chandra Saw Resident of Village - Mahuliya, P.S.- Chanan, District - Lakhisarai. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan, Advocate For the Opposite Party/s :
Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-08-2024 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Chanan P.S. Case No. 13 of 2022 dated 26.01.2022, instituted for the offence punishable under Sections 364(A), 34 of the Indian Penal Code and Section 27 of the Arms Act read with Section 16, 18, 20 UAP Act.
3. The allegation is against 40-50 unknown persons including the petitioner, who are Naxals and have kidnapped Ramji Yadav and his son, namely, Dharmveer Kumar @ Kumkum for demanding ransom.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there is no eye witnesses to the
Patna High Court CR. MISC. No.58552 of 2024(2) dt.09-08-2024 2/3 alleged occurrence and only on the basis of suspicion, the petitioner has been made accused in this case. It is further submitted that on the next day of occurrence, Dharmveer Kumar @ Kumkum was released by the co-accused persons and later on Ramji Yadav was also released but neither of them were examined by the Investigating Officer under Section 161 Cr.P.C. nor their statement has been recorded under Section 164 Cr.P.C. It is further stated that similarly situated co-accused person namely, Bablu Yadav has been granted bail vide order dated 12.05.2023 passed by a Co-ordinate Bench of this Court in Criminal Miscellaneous No. 17610 of 2023. It is further submitted that co-accused Pappu Kora @ Pappu Kumar has been granted bail vide order dated 15.05.2023 passed by this Court in Criminal Miscellaneous No. 16558 of 2023. Lastly, it has been submitted that the petitioner is in custody since 24.03.2024, he has no criminal antecedents and charge-sheet has been submitted in the case.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of
Patna High Court CR. MISC. No.58552 of 2024(2) dt.09-08-2024 3/3 Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate- 1, Lakhisarai in Chanan P.S. Case No. 13 of 2022. (Khatim Reza, J) Sankalp/- U T