Paras Yadav v. The State Of Bihar

Patna High Court Cr.Misc. No.17326 of 2016 (4) dt.24-05-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17326 of 2016 Arising Out of PS.Case No. -175 Year- 2003 Thana -BIHARSHARIF District- NALANDA (BIHARSHARIFF) ====================================================== Paras Yadav S/o Late Lakhan Yadav resident of Village Nakatpura, P.S. Bihar, District- Nalanda.

.... .... Petitioner

Versus

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

For the Petitioner : Mr. Anil Chandra, Advocate For the Opposite Party : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 24-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.

Petitioner is in custody since 18.03.2016 in connection with Bihar P.S.Case No.175 of 2003 registered for the offence under Sections 364A of the IPC.

As per the prosecution case, it is alleged by the informant that his son Shashi Bhusan Kumar was taking Karate class behind fire brigade complex at Kacheri Road, Biharsharif. On 06.07.2003, he had gone for taking karate class in the morning but he has not return till night then on 07.07.2003 early in the morning the informant alongwith his brother and nephew went to Karate centre and met his proprietor Jitendra Kumar and asked about his son upon this he disclosed that he came on 06.07.2003

Patna High Court Cr.Misc. No.17326 of 2016 (4) dt.24-05-2016 and thereafter he returned and the informant suspected that some unknown persons have kidnapped his son for the purpose of ransom.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 18.03.2016. Chargesheet has been submitted in the case. Petitioner has got no criminal antecedent. From perusal of para-164 of the case diary, it is evident that the petitioner has been named merely on the basis of suspicion. It is further submitted that the petitioner has also been named by a coaccused in his confessional statement which has no legal value. On behalf of the State, it has been submitted that the petitioner is not named in the FIR.

Considering the aforesaid facts and circumstances, let the 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 3rd Additional Sessions Judge, Nalanda at Biharsharif in connection with Sessions Trial No.664(A) of 2012 arising out of Bihar P.S.Case No.175 of 2003. (Sudhir Singh, J) B.Kr./- U T