Patna High CourtCR. MISC./70841/2023allowed

Bishal Kumar @ Vishal Das v. The State Of Bihar

2024-01-31Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70841 of 2023 Arising Out of PS. Case No.-195 Year-2023 Thana- KATORIYA District- Banka ====================================================== 1.

Bishal Kumar @ Vishal Das Son of Jai Prakash Das Resident of Village Supaha, Police Station Katoria, District Banka 2.

Suraj Das @ Suraj Kumar Das Son of Nandeo Das R/o Vill - Supaha (Garhna), P.S. - Katoria, Distt. - Banka ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajay Mukherjee, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 31-01-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. Petitioners seek regular bail in connection with Katoria P.S. Case No.195 of 2023 registered under Sections 328, 364, 365/34 of the I.P.C.

3. As per prosecution case, petitioner no.1 wanted to marry with the daughter of the informant. It is alleged that the petitioners along with other accused persons kidnapped the minor son of the informant with a view to commit his murder.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case only on suspicion and ill motive. The victim was recovered

Patna High Court CR. MISC. No.70841 of 2023(3) dt.31-01-2024 2/2 suo motu on 03.06.2023 but the F.I.R. was lodged on 05.06.2023 without any plausible explanation which creates doubt about the genuineness of the occurrence. Petitioners are young boys of 19 years having no criminal antecedents. Petitioners are in custody since 06.06.2023.

5. Learned A.P.P. opposes the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of the case, submissions of the parties and the period of custody, let the above named petitioners be released on bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Banka/Successor Court, Banka in connection with Katoria P.S. Case No.195 of 2023.

(Sunil Dutta Mishra, J) Harish/- U T