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Patna High CourtCR. MISC./73650/2023allowed

Kundan Yadav @ Kundan Kumar Yadav v. The State Of Bihar

2024-02-12Mr. Justice Sunil Dutta Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73650 of 2023 Arising Out of PS. Case No.-31 Year-2023 Thana- ALINAGAR District- Darbhanga ====================================================== Kundan Yadav @ Kundan Kumar Yadav Son Of Indeshwar Yadav Resident Of Village - Pohaddi Bela, P.S. - Ghanshyampur, District - Darbhanga, At Present Resident Of Village - Mahamuda, P.S. - Biraul, District - Darbhanga ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Shekhar Anand, Advocate For the Opposite Party/s :

Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-02-2024 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner seeks regular bail in connection with Alinagar P.S. Case No. 31 of 2023 for the offence registered under Sections 366 A/34 of the I.P.C.

3. Allegation against the petitioner is that he along with other co-accused persons kidnapped the daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case only on the basis of suspicion. He has further submitted that there is no eye-witness to the alleged occurrence. During investigation, no material come to show the involvement

Patna High Court CR. MISC. No.73650 of 2023(3) dt.12-02-2024 2/2 of the petitioner in crime. He further submits that similarly situated co-accused namely Pradeep Kumar Sada @ Lalu has already been granted regular bail by a coordinate Bench of this Court vide order dated 13.09.2023 passed in Cr. Misc. No. 46787 of 2023. Charge-sheet has already been submitted against the petitioner and there is no chance of absconding of the petitioner or tampering with the evidence. Petitioner is in jail custody since 08.04.2023. Petitioner has no criminal antecedent.

5. Learned counsel appearing on behalf of the State opposes the prayer for grant of bail to the petitioner.

6. Considering the submissions on behalf of the parties and the facts and circumstances of the case, let the petitioner, named above, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned concerned court below in Alinagar P.S. Case No. 31 of 2023. (Sunil Dutta Mishra, J) khushbu/- U T