Lalmani Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55629 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- BELHAR District- Banka ====================================================== LALMANI PANDIT Son of Damodar Pandit Resident of Village-Ranga Bazar, Police Station-Belhar, District-Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 29-11-2023 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 364 of the Indian Penal Code.

3. As per prosecution case, petitioner along with other co-accused persons are alleged to have kidnapped the victim, Alok Kumar Jha and also snatched the mobile of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. The petitioner is not named in FIR rather his name came into light in this case on the basis of confessional statement of co-accused Ravi Kumar Ray before the police which has got no evidentiary value in the eye of law.

Patna High Court CR. MISC. No.55629 of 2023(3) dt.29-11-2023 2/2 The victim has not been recovered from the possession of the petitioner. Petitioner has not been put on TIP. No any consistent evidence has come against the petitioner. Similarly situated other co-accused persons have already been granted bail by another co-ordinate Bench of this Court vide order dated 11.08.2023 in Cr. Misc. No. 51135 of 2023 and order dated 25.08.2023 in Cr. Misc. No 53393 of 2023. Moreover, the petitioner is languishing in judicial custody since 03.05.2023.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Belhar P.S. Case No. 183 of 2023 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka.

(Sunil Kumar Panwar, J) Shubham/- U T