Uday Yadav @ Uday Prakash Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61948 of 2023 Arising Out of PS. Case No.-93 Year-2013 Thana- LAUKAHI District- Madhubani ====================================================== UDAY YADAV @ UDAY PRAKASH YADAV S/O LATE TEJ NARAYAN YADAV R/O VILLAGE- AURAHA, P.S- LAUKAHI, DISTT.- MADHUBANI.
... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shashank Chandra For the Opposite Party/s :
Mr. Sanjay Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 03-01-2024 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 363, 364, and 34 of the Indian Penal Code.
3. As per FIR, the informant alleged that the petitioner and co-accused persons abducted her son due to previous land dispute.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. Due to previous dispute, case and
Patna High Court CR. MISC. No.61948 of 2023(4) dt.03-01-2024 2/3 counter case has also been lodged against the parties and due to which the petitioner has falsely been implicated in this present case. From perusal of the impugned order, it appears that as per statement of the victim recorded under Section 164 of the Cr.P.C., wherein he has stated that the petitioner and co-accused persons abducted him and took him to Nepal but he has not stated about any wrong doing against him. It is further submitted that for the purpose of abduction neither ransom money has been demanded nor ransom demand has been executed. The petitioner has remanded in this case from another case on 10.05.2023, since then he is languishing in judicial custody.
5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of Bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as judicial custody, this court is inclined to enlarge the petitioner on bail after framing of charge, if not framed. The above named petitioner is directed to be released on bail in connection with Laukahi P.S. Case No. 93 of 2013 on
Patna High Court CR. MISC. No.61948 of 2023(4) dt.03-01-2024 3/3 furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Jhanjharpur Madhubani. (Sunil Kumar Panwar, J) manishkumar/- U T