Patna High CourtCR. MISC./13055/2018bail granted

Ravi Kumar v. The State Of Bihar

2018-04-18Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13055 of 2018 Arising Out of PS.Case No. -62 Year- 2017 Thana -BOCHHA District- MUZAFFARPUR ======================================================

1. Ravi Kumar, S/o Ganesh Chaudhari, Resident of Village-Choarniya, P.S.-Gayghat, District-Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 18-04-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 364A of the Indian Penal Code. The petitioner is not named in the FIR.

Submission is that on recovery, the statement of the victim boy was recorded under Section 164 Cr.P.C. wherein he had not named the petitioner; rather had named Sanjay Kumar as main abductor/kidnapper, who has already been allowed bail by a coordinate Bench of this Court vide Annexure-2. Learned counsel for the informant opposed the prayer on the ground that the mobile through which ransom was

Patna High Court Cr.Misc. No.13055 of 2018 (4) dt.18-04-2018 P2/ demanded was recovered from the possession of the petitioner on the basis of CDR and thereafter on the disclosure of the petitioner the victim was recovered from a particular place. Thereafter, the victim identified the petitioner as one of the perpetrator of the crime. The petitioner is in custody since 26.04.2017. Considering the fact that the allegation against the petitioner is at least similar to that of co-accused Sanjay Kumar as well as considering the period already undergone, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with S. T. No.466 of 2017, arising out of Bochaha P.S. Case No.62 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court-below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T