Kamlesh Chaudhary @ Kamlesh Kumar Chaudhary @ Raslal Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57319 of 2022 Arising Out of PS. Case No.-172 Year-2020 Thana- LADANIA District- Madhubani ====================================================== Kamlesh Chaudhary @ Kamlesh Kumar Chaudhary @ Raslal Chaudhary Son Of Yogendra Chaudhary Resident Of Village - Kataha, P.S.- Ladaniya, District -Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravindra Kumar Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 18-01-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner has filed the instant application for grant of regular bail in a case registered for the offences punishable under Sections 364/34 of the Indian Penal Code.

As per allegation in the FIR, petitioner along with other co-accused persons have abducted the son of the informant with an intention to kill him.

It is submitted by learned counsel for the petitioner that the petitioner is innocent and he has

Patna High Court CR. MISC. No.57319 of 2022(2) dt.18-01-2023 2/3 falsely been implicated in the present case. It is also submitted that petitioner is languishing in judicial custody since 26.08.2022. Petitioner is not named in the FIR and on the basis of suspicion the name of petitioner sprang up in this case. It is further submitted that there is no independent eye witness of the alleged occurrence and there is no material evidence to implicate the petitioner in this case. No incriminating article has been recovered from the possession of the petitioner. Moreover, similarly situated co-accused person has been granted Bail vide order dated 20.08.2022 in Cr. Misc. No. 16172 of 2022 by the co-ordinate Bench of this Court. The case of petitioner stands on better footing. Learned APP appearing for the State has vehemently opposed the prayer for Bail.

Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.57319 of 2022(2) dt.18-01-2023 3/3 petitioner is directed to be enlarged on bail in connection with Ladaniya P.S. Case No. 172 of 2020 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate I, Madhubani. (Sunil Kumar Panwar, J) nirajkrs/- U T