Randhir Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72812 of 2023 Arising Out of PS. Case No.-102 Year-2023 Thana- SAKRA District- Muzaffarpur ====================================================== Randhir Kumar Son Of Late Lakhendra Ram Resident Of Village - Satpura, P.S. - Sakra, District - Muzaffarpur ... ... Petitioner/s
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Nachiketa Jha, Advocate For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 13-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Sakra P.S Case No. 102 of 2023 registered for the offences punishable under Sections 365/34 of the I.P.C.
3. As per allegation in the FIR, Informant's younger brother Ravindra Kumar was working in a Hotel at Goa, who proceeded on 15.02.2023 from Goa for his home and he arrived at Tajpur on 17.02.2023. It is further alleged that Randhir Kumar (petitioner) of his Panchayat had borrowed 2 lakh ruppes from his brother earlier and he called his brother from Goa on the pretext and assurance to
Patna High Court CR. MISC. No.72812 of 2023(3) dt.13-02-2024 2/3 pay the borrowed amount and the mother of petitioner also called his brother to receive the said money. Petitioner used to be in contact with his brother to receive the said money. When his brother arrived at Tajpur, petitioner and the coaccused-Sudhir Kumar received his brother from there and went to Kawa Chiknauta (Bah) at the house of his grandfather then all the FIR named accused had kidnapped and concealed his younger brother Ravindra Kumar with intention to not return the alleged amount of 2 lakh ruppes. The informant apprehends that his brother may have been murdered.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. After perusal of the FIR it would appear that there are two applications addressed to the S.H.O was given by the informant, alleging different stories, first application filed by the informant did not name the petitioner, in another application filed on 25.02.2023, he alleged against the petitioner and other co-accused to kidnapped his brother on account of loan money taken by the petitioner. He further submits that informant is not the eye witness of the case,
Patna High Court CR. MISC. No.72812 of 2023(3) dt.13-02-2024 3/3 nor his brother was seen along with the petitioner. It is also submitted that petitioner is in judicial custody since 09.03.2023 and petitioner has got no criminal antecedent as stated in para 3 of the petition.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. Considering the aforesaid facts and circumstances of the case and submissions made on behalf of the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M - 12th , Muzaffarpur (East) in connection with Sakra P.S Case No. 102 of 2023. (Ramesh Chand Malviya, J) Mayank/- U T