Raju Bhulla v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79305 of 2023 Arising Out of PS. Case No.-354 Year-2023 Thana- RAJAOLI District- Nawada ====================================================== Raju Bhulla Son Of Late Bijay Bhulla R/O Village- Chatkari Tola, Taratand, P.S.- Rajauli, District- Nawada ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pramod Kumar Verma, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 10-05-2024 Heard learned counsel for the petitioner and learned APP for the State.

2.

The petitioner seeks bail in connection with Rajauli P.S. Case No. 354 of 2023, instituted for the offences punishable under Section 365 of the Indian Penal Code. 3.

As per prosecution case, the accusation against the accused persons including the petitioner is of being involved in the alleged kidnapping of the husband f the informant. 4.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. No incriminating material has been recovered from the conscious possession of the petitioner. The petitioner is not named in the F.I.R. and his name has surfaced in this case in

Patna High Court CR. MISC. No.79305 of 2023(6) dt.10-05-2024 2/2 course of investigation on the basis of confessional statement of the co-accused, which has no evidentiary value. There is delay of two days in lodging the F.I.R. The petitioner is in custody since 28.06.2023 and has got no criminal antecedent. Learned counsel for the petitioner further submits that similarly situated co-accused have been granted bail by this Court vide order dated 30.04.2024 passed in Cr. Misc. No. 33180 of 2024. 5.

Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6.

Considering the aforesaid facts and circumstances of the case, taking into account the period of custody undergone by the petitioner and claim based on parity, this Court is inclined to grant bail to the petitioner.

7.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Rajauli P.S. Case No. 354 of 2023.

(Rudra Prakash Mishra, J) Raj Kishore/- U T