Sarvan Kumar @ Sharvan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61827 of 2023 Arising Out of PS. Case No.-65 Year-2023 Thana- INDUSTRIAL AREA District- Vaishali ====================================================== SARVAN KUMAR @ SHARVAN KUMAR S/O SRI LAKSHMESHWAR SINGH R/O VILLAGE- RUDAULI, PS. BACHHWARA, DIST. BEGUSARAI ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Vaishnavi Singh, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 13-12-2023 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 Sections 364(A) of the Indian Penal Code but charge-sheet has been submitted under Sections 364(A)/34 of the IPC.

3. Prosecution case relates to abduction for demand of ransom money by the petitioner along with other co-accused persons.

4. It is submitted by learned counsel for the petitioner

Patna High Court CR. MISC. No.61827 of 2023(3) dt.13-12-2023 2/3 that petitioner has been falsely implicated in this case. He has committed no offence. He submitted that the present case in its entirety stands challenged by the statement of the informant recorded under Section 164 of the Cr.P.C. and so far as petitioner has knowledge the present information has not uttered a single words about any ransom in the said statement and thus in that line absolutely no offence under Section 364(A) of the IPC will be made out in the present case. The petitioner is a small shop keeper and he has been made accused on the conspiracy of the prosecution party. Charge-sheet has already been submitted against the petitioner. On the basis of suspicion and due to his criminal antecedent, petitioner has been implicated in the present case. He is languishing in judicial custody since 25.05.2023.

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

Patna High Court CR. MISC. No.61827 of 2023(3) dt.13-12-2023 3/3 satisfaction of the learned Judicial Magistrate-1st Class, Vaishali at Hajipur in connection with Industrial Area P.S. Case No. 65 of 2023.

(Sunil Kumar Panwar, J) Arish/- U T