Amit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53107 of 2016 Arising Out of PS.Case No. -165 Year- 2016 Thana -SULTANGANJ District- BHAGALPUR ====================================================== Amit Kumar, Son of Charitra Prasad Yadav, rseident of villageRahmatpur Chowk, Police Station- Asarganj, District- Munger. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Syed Masleh-Uddin Ashraf For the Opposite Party/s : Smt. Renu Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-12-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks bail in a case instituted under Sections 363 and 370 of the Indian Penal Code. The prosecution story, in brief, is that the son of the informant had gone to take bath in the river Ganga on 21.10.2015 along with two named accused persons but he could not returned. He has reason to believe that both the accused persons have abducted his son.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.09.2016. The charge sheet has been submitted in the present case. The petitioner has got no criminal antecedent. There is no allegation of tampering of

Patna High Court Cr.Misc. No.53107 of 2016 (3) dt.23-12-2016 2/2 witnesses alleged against the petitioner. The main allegation is against co-accused namely Subodh Thakur and Munna Thakur. The petitioner is not named in the F.I.R. There is no substantive evidence to suggest his implication in the present case. The alleged occurrence is said to have been taken place on 21.10.2015 but the F.I.R. was instituted on 08.09.2016, after lapse of a period of about 11 months. The delay in institution of the case has not been explained by the prosecution.

On behalf of the state, it has been submitted that the petitioner is not named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner above named, 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 the learned C.J.M., Bhagalpur in connection with Sultanganj P.S. Case No. 165 of 2016. (Sudhir Singh, J.) Amit/- U T