Jhulan Kumar @ Jhulan Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77168 of 2023 Arising Out of PS. Case No.-433 Year-2022 Thana- BIHAR District- Nalanda ====================================================== Jhulan Kumar @ Jhulan Yadav Son Of Daso Yadav @ Dashrath Yadav Resident Of Mohalla - Banauliya, Ps- Bihar, District Nalanda ... ... Petitioner/S
Versus
The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pramod Kumar Sinha For the Opposite Party/s :
Mr.Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 27-02-2024 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner has prayed for regular bail in a case registered for the offence punishable under section 364(A) of the Indian Penal Code.
3. It is a case of abduction of the son of the informant by unknown persons.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. The petitioner is not named in the FIR. His name transpired in this case on the basis of confessional statement of other co-accused. From perusal of Annexure-4, it is evident that the victim in his statement recorded u/s 164 of the Cr.P.C., he has not identified or disclosed the name of the petitioner. It is also submitted that
Patna High Court CR. MISC. No.77168 of 2023(3) dt.27-02-2024 2/2 good sense has been prevailed between the parties. Other coaccused Balam Kumar has already been granted bail by learned court below on 28.2.2022 in B.P. No. 09 of 2022. Moreover, the petitioner is languishing in judicial custody since 2.9.2023.
5. Learned APP appearing for the state has opposed the prayer of regular bail.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody period, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bihar P.S. Case No. 433 of 2022 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, Nalanda at Biharsharif. (Sunil Kumar Panwar, J) Amandeep/- U T