Patna High CourtCR. MISC./64739/2023allowed

Man Singh Yadav v. The State Of Bihar

2023-12-13Mr. Justice Sunil Kumar Panwar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64739 of 2023 Arising Out of PS. Case No.-7 Year-2023 Thana- BELHAR District- Banka ====================================================== 1.

Man Singh Yadav Son Of Awadhesh Yadav Resident Of Village- Ranga, Police Station- Jhajha, District- Jamui 2.

Rajesh Yadav Son Of Late Chaitu Yadav Resident Of Village- Telariya, Police Station -Lakshamipur, District -Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Amarnath Kumar For the Opposite Party/s :

Mr. Upendra Kumar ====================================================== 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 bail in a case registered for the offence punishable under sections 364 and 120B of the Indian Penal Code.

3. As per allegation in the FIR, petitioner is alleged to have kidnapped the informant's brother namely, Chako Yadav in collaboration with other co-accused persons.

4. It is submitted by learned counsel for the petitioner that petitioner has been falsely implicated in this case. Victim was recovered just after two days after his missing. His statement was recorded u/s 164 Cr.P.C. in which he has not

Patna High Court CR. MISC. No.64739 of 2023(3) dt.13-12-2023 2/2 whispered the name of the petitioner. Petitioner has not been put on TIP. Similarly situated other accused person has already been enlarged on bail by another coordinate Bench of this Court vide order dated 27.07.2023 passed in Cr. Misc. No.17579 of 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, 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 Chief Judicial Magistrate, Banka in connection with Belhar P.S. Case No. 07 of 2023.

(Sunil Kumar Panwar, J) sushma/- U