Chandan Naiya @ Kandua Naiya v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68274 of 2022 Arising Out of PS. Case No.-162 Year-2021 Thana- PIRI BAZAR District- Lakhisarai ====================================================== CHANDAN NAIYA @ KANDUA NAIYA S/O Devi Naiya R/O VillageNaya Tola, Bariyarpur, P.S- Piri Bazar, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 22-03-2023 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 147, 148, 149, 448, 364 of the Indian Penal Code and 27 of Arms Act as well as Section 16/18/20/23 U.A.P. Act.
As per allegation in the FIR, 10-15 miscreants entered into the house of the informant and kidnapped his son namely, Deepak Kumar.
Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He has falsely been implicated in this case. He is not named in the FIR. On very next day victim Deepak Kumar has been recovered by the police. No incriminating article has been recovered from
Patna High Court CR. MISC. No.68274 of 2022(2) dt.22-03-2023 2/2 possession of the petitioner. Similarly situated, co-accused has already been granted bail by a coordinate Bench of this Court vide order dated 28.02.2023 passed in Cr. Misc. No 69410 of 2022. It is further submitted that the petitioner is languishing in judicial custody since 18.08.2022.
Learned APP appearing for the state has opposed the prayer of regular bail.
Having heard learned counsel for the parties and considering the facts and circumstances of the case as well judicial custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Piri Bazar P.S. Case No. 162 of 2021 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai. (Sunil Kumar Panwar, J) Manish/- U T