Patna High CourtCR. MISC./35733/2016bail granted

Krishna Yadav v. The State Of Bihar

2016-10-25Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35733 of 2016 Arising Out of PS.Case No. -316 Year- 2015 Thana -BUXAR District- BUXAR ======================================================

1. Krishna Yadav Son of Sri Bhagwan Yadav resident of Village-Ahrauli, Police Station- Buxar Ind. District- Buxar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Dr. Amrendra Kumar Mr. Ravi Shanker Pankaj For the Opposite Party/s : Ms.Renu Kumari,A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-10-2016 Heard learned counsel for the petitioner and the State. The petitioner is in custody in a case registered under Sections 364 and 120(B) of the Indian Penal Code. It is alleged by the informant, Sanjay Kumar Keshri, that two unknown persons came to the shop of his younger brother, namely, Santosh Kumar, kidnapped him and brought with them. It is further alleged that he received a call that his brother is in his possession and directed the informant not to vote in Election of Chairman of Municipality on 03.08.2015. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.10.2015. Charge sheet has been submitted in this case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is

Patna High Court Cr.Misc. No.35733 of 2016 (3) dt.25-10-2016 2/2 not named in the FIR. His name has come on the basis of confessional statement of co-accused. The victim has been recovered. He has not named the petitioner.

On behalf of the State, it is submitted that the petitioner is not named in the FIR. Except for the confessional statement of co-accused and the petitioner before the police, there is no other substantive evidence to suggest the implication of the petitioner in the present case.

Considering the aforesaid facts and circumstances of the case, let, above named petitioner, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sessions Judge, Buxar, in connection with Buxar (T) P.S.Case No. 316 of 2015 ( Sessions Trial No. 112 of 2016). (Sudhir Singh, J) singh/- U T