Surendra Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35432 of 2022 Arising Out of PS. Case No.-90 Year-2022 Thana- ITARHI District- Buxar ====================================================== Pramod Yadav S/O Narayan Yadav R/O Vill.- Baghauta Dera, P.S.- Gahmer, Distt.- Gazipur U.P.

... ... Petitioner/S

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 60288 of 2022 Arising Out of PS. Case No.-90 Year-2022 Thana- ITARHI District- Buxar ====================================================== 1.

Surendra Yadav Son Of Nandlal Yadav R/O Village- Baghauta, P.S.- Gahmar, District- Gajipur (UTTAR Pradesh) And At Present R/O VillageItarhi, P.S.- Itarhi, District- Buxar 2.

Rajesh Yadav Son Of Nandlal Yadav R/O Village- Baghauta, P.S.- Gahmar, District- Gajipur (UTTAR Pradesh) And At Present R/O Village- Itarhi, P.S.- Itarhi, District- Buxar ... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 35432 of 2022) For the Petitioner/s :

Mr.Dr. Kamal Deo Sharma For the Opposite Party/s :

Mr.Rana Randhir Singh (In CRIMINAL MISCELLANEOUS No. 60288 of 2022) For the Petitioner/s :

Mr.Digvijay Kumar Ojha For the Opposite Party/s :

Mr.Arun Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 14-03-2023 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners have filed the instant application for grant of regular bail in a case registered for the offences

Patna High Court CR. MISC. No.35432 of 2022(6) dt.14-03-2023 2/3 punishable under Sections 364(A)/34 of the Indian Penal Code.

It is a case of abduction of informant's son for ransom.

It is submitted by learned counsel for the petitioners that the petitioners are innocent and they have committed no offence. They have falsely been implicated in the present case. Petitioners are not named in F.I.R. and the name of petitioner (in Cr. Misc. No. 35432 of 2022) sprang up on the confessional statement of co-accused person. Petitioner (in Cr. Misc. No. 35432 of 2022) has not been put on T.I.P. Moreover, he has surrendered suo-moto on 26.04.2022. It is also submitted that reason behind falsely implication of the petitioners ( in Cr. Misc. No. 60288 of 2022) is that when the informant came to know that his father-in-law has executed deed of land in the favour of wife of petitioner, namely, Surendra Yadav then informant started pressurizing his father-in-law to file suit for the purpose of cancellation of deed of land. The victim has not whispered about the name of petitioners in the alleged offence. He has

Patna High Court CR. MISC. No.35432 of 2022(6) dt.14-03-2023 3/3 only stated "Kirayedar Uncle". The petitioners (in Cr. Misc. No. 60288 of 2022) are languishing in judicial custody since 25.03.2022. A statement has been made in para 3 of the petitions that petitioners have no criminal antecedent. 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 petitioners on bail. The above named petitioners are directed to be enlarged on bail in connection with Itarhi P.S. Case No. 90 of 2022 on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar. (Sunil Kumar Panwar, J) nirajkrs/- U T