Sarwesh Kumar Yadav @ Sarwesh Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59442 of 2023 Arising Out of PS. Case No.-183 Year-2023 Thana- BELHAR District- Banka ====================================================== SARWESH KUMAR YADAV @ SARWESH YADAV SON OF LATE ARJUN PRASAD YADAV RESIDENT OF VILLAGE- GONAI, PSSANGARAMPUR, DISTT- MUNGER ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rajeev Ranjan Sinha For the Opposite Party/s :
Mr.Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-09-2023 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case instituted for the offence under Section 364 of the Indian Penal Code.
3. As per prosecution case, six unknown miscreants boarded on a car an a motorcycle snatched the mobile phone of the informant and abducted Alok Kumar Jha for ransom.
4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. He has committed no offence. Petitioner is not named in the FIR. The victim has recovered and her statement recorded u/s 164 of the Cr.P.C., in which he does not whisper about the complicity of
Patna High Court CR. MISC. No.59442 of 2023(2) dt.08-09-2023 2/2 this petitioner. Petitioner has got no criminal antecedent as stated in para-3 of the bail petition. He further submitted that on whose confessional statement the name of the petitioner has come into light has already been granted bail by a Co-ordinate Bench vide order dated 25.08.2023 passed in Cr. Misc. No. 53393 of 2023. He is languishing in judicial custody since 08.05.2023.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as period of custody, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Court below in connection with Belhar P.S. Case No. 183 of 2023.
(Sunil Kumar Panwar, J) arish/- U