Abhishek Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39289 of 2022 Arising Out of PS. Case No.-183 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== ADITYA KUMAR SON OF RAM PRAVESH PANDIT R/O VILLAGEMALAW, P.S.- DARIGAON, DISTRICT- ROHTAS ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 53895 of 2022 Arising Out of PS. Case No.-183 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== ABHISHEK KUMAR S/o Late Arun Paswan Resident of Village- Bahera, P.S.- Belaw (Kaimur), District- Kaimur at Bhabhua. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 60187 of 2022 Arising Out of PS. Case No.-183 Year-2022 Thana- SASARAM NAGAR District- Rohtas ====================================================== BEDI KUMAR Son of Binod Paswan R/v- Chanwakh, P.S.- Kudra, DistrictKaimur at Bhabhua ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 39289 of 2022) For the Petitioner/s :

Mr.Vishwajeet Kumar Mishra For the Opposite Party/s :

Mr.Madhuri Lata For the Informant :

Mr.Rajani Kant Singh (In CRIMINAL MISCELLANEOUS No. 53895 of 2022) For the Petitioner/s :

Mr.Parwej Khan For the Opposite Party/s :

Mr.Sanjay Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 60187 of 2022) For the Petitioner/s :

Mr.Shankar Kumar Mr.Vikram Deo Singh For the Opposite Party/s :

Mr.Dilip Kumar No. 1

Patna High Court CR. MISC. No.39289 of 2022(4) dt.18-03-2023 2/3 ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 18-03-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the office within one month.

Heard learned counsel for the petitioners as well as learned APP for the State.

In this case, the petitioners are seeking regular bail in connection with Sasaram Nagar (Darigaon) P.S. Case No. 183 of 2022, registered for the offences punishable under Sections 364(A) of I.P.C.

As per allegation, when the father of the informant went to bring milk, some unknown criminals forcibly got him boarded in a vehicle and kidnapped him.

The learned counsels for the petitioners has submitted that petitioners are innocent and have falsely been implicated in this case. They have submitted further that except confessional statement of the co-accused, there is nothing against the petitioners. The petitioners are under custody since 08.03.2022.

The learned counsel for the petitioner Bedi Kumar has submitted that he was put on T.I.P., but he was not

Patna High Court CR. MISC. No.39289 of 2022(4) dt.18-03-2023 3/3 identified, which falsifies the allegation levelled against him. On the other hand, the learned counsel for the informant as well as the learned APP have opposed the prayer for bail and submitted that the witnesses in paragraph nos. 37, 40, 43 and 45 of the case diary have supported the occurrence and have named the petitioners in the alleged occurrence. It was detected that during course of investigation, co-accused have demanded ransom of Rs. 1.45 crores from the informant. Petitioner Aditya Kumar has also a criminal antecedent. He has submitted further that the victim has named the petitioners in his statement under Section 164 of the Cr.P.C.

In my view, the petitioners do not deserve the privileges for bail, which is hereby rejected. Office shall ensure that all defects are removed by the petitioners within the stipulated time mentioned hereinabove, failing which, the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) Kundan/- U T