Alok Kumar @ Alok Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55321 of 2023 Arising Out of PS. Case No.-336 Year-2023 Thana- PURNEA SADAR District- Purnia ====================================================== Alok Kumar @ Alok Ranjan S/O Ajay Jha @ Ajay Kumar Jha R/O MohallaSipahi Tola, P.S- K.Hat, Distt.- Purnea. ... ... Petitioner
Versus
The State Of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ajay Kumar Thakur, Sr. Advocate :
Ms. Vaishnavi Singh, Advocate For the Opposite Party :
Mr. Ajay Kumar No. 2, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 30-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Sadar (Mufassil) P.S. Case No. 336 of 2023 dated 15.04.2023, instituted for the offences punishable under Section 364 of the Indian Act in which subsequently Sections 302 and 201/34 of the Indian Penal Code were also added.
3. The prosecution case, in short, is that on 14.04.2023, at about 04:00 PM, informant's brother left the house on his motorcycle and at around 08:00 PM, he has talked to his mother on mobile phone. However, when informant's brother did not returned home by midnight, informant started the search with the help of patrolling team
Patna High Court CR. MISC. No.55321 of 2023(2) dt.30-08-2023 2/3 and at around 05:30 AM in the morning they found motorcycle and black bag of informant's brother under a bridge and suspected that somebody had kidnapped and killed him.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has falsely been implicated in this case. It is submitted that the petitioner has been made accused in this case on the basis of confessional statement of co-accused, namely, Piyush Kumar and there is no direct evidence and material against the petitioner. It is further submitted that similarly situated person, namely, Aman Kumar Singh has been granted bail by a co-ordinate Bench of this Court vide order dated 04.08.2023 passed in Cr. Misc. No. 48649 of 2023. Further, it is submitted that there is no eye-witness to the occurrence. Petitioner is the Medical representative of SIGNOVA PHARMA (P) LTD. Lastly, it has been submitted that the petitioner is in custody since 18.04.2023 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
Patna High Court CR. MISC. No.55321 of 2023(2) dt.30-08-2023 3/3 the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in Sadar (Mufassil) P.S. Case No. 336 of 2023.
(Khatim Reza, J) Shanu/- U T