Shailesh Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44193 of 2018 Arising Out of PS. Case No.-71 Year-2017 Thana- VENA District- Nalanda ====================================================== Shailesh Yadav, Son of Baudhu Yadav, Resident of Village- Jattipur, P.S.- Rajgir, District- Nalanda.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Satya Ranjan Sinha For the Opposite Party/s :

Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 27-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

This is an application for regular bail in connection with Ben P.S. Case No. 71 of 2018 registered for the offences punishable under Section 364/34 of the Indian Penal Code. Informant is the mother of victim boy who has alleged that petitioner along with other co-accused persons called her son Chandan Kumar from her house and thereafter her son is traceless. She suspects that petitioner and other co-accused kidnapped her son with an intention to kill him on account of previous enmity. It has been further alleged that after kidnapping her son they snatched his ATM card and mobile and have murdered him and also threatened to kill her daughter. It has been submitted on behalf of the petitioner that

Patna High Court Cr.Misc. No.44193 of 2018(2) dt.27-09-2018 2/2 he is innocent and has committed no offence. He has been falsely implicated in this case due to previous enmity. There is general and omnibus allegation against the petitioner. He has been implicated in this case on suspicion. Petitioner has no criminal antecedent and he is in custody since 17.05.2018. It has been further submitted that similarly placed co-accused, namely, Binod Yadav, has been granted bail by a co-ordinate Bench of this Court passed in Cr. Misc. No. 31795 of 2018 vide order dated 12.07.2018.

Considering the facts and circumstances of the case, let above named petitioner be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Nalanda at Biharsharif, in connection with Ben P.S. Case No. 71 of 2017.

(S. Kumar, J) veena/manojU T