Patna High CourtCR. MISC./11936/2017dismissed

Amit Kumar @ Dholwa @ Dholo v. The State Of Bihar

2017-04-18Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11936 of 2017 Arising Out of PS.Case No. -419 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================

1. Amit Kumar @ Dholwa @ Dholo, S/o Ram Sumran Mahto, R/o VillBagha, P.S.- Begusarai Nagar, Dist- Begusarai. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shubhesh Pandey For the Opposite Party/s : Mr. Sri Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 18-04-2017 The petitioner is in custody since 24.10.2016 in connection with Begusarai Muffasil P.S. Case No. 419 of 2016, registered for offences punishable under Sections 364A Indian Penal Code.

Allegation against the petitioner is that he along with other accused kidnapped the brother in law of the informant. It has been submitted on behalf of the petitioner that petitioner is not named in the F.I.R later on during the course of investigation his name transpired on confessional statement of coaccused. Petitioner has nothing to do with the alleged offence and has been in judicial custody since 24.10.2016 and other coaccused having similar allegation has already been granted bail by this Court vide order dated 02.03.2017, passed in Criminal

Patna High Court Cr.Misc. No.11936 of 2017 (4) dt.18-04-2017 2/2 Miscellaneous No. 2339 of 2017.

Learned counsel for the State opposed the prayer for bail and submitted that in the statement recorded under Section 164 Cr.P.C., victim has named this petitioner as one of the accused. Having heard both sides, in view of the allegation and also in view of the fact that victim in his statement recorded under Section 164 Cr.P.C. has named this petitioner, as such, I am not inclined to grant the petitioner privilege of regular bail, his prayer for bail is accordingly rejected.

(Vinod Kumar Sinha, J) sunil/- U T