Vikky Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74209 of 2022 Arising Out of PS. Case No.-133 Year-2013 Thana- KAUWAKOL District- Nawada ====================================================== VIKKY YADAV Son of Late Ragho Yadav @ Late Rajo Yadav R/vSikandra, P.S.- Sikandra, District- Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Umesh Prasad, Advocate For the Opposite Party/s :

Ms.Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-03-2023 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State. Let the defect(s), if any, be removed within a period of four weeks from today.

The petitioner seeks bail in connection with Kauwakol P.S. Case No. 133 of 2013 registered for the offence under Sections 363, 364, 365 and 34 of the Indian Penal Code. The accused/petitioner is not named in the F.I.R. and is in custody since 27.07.2022.

The allegation against the petitioner is to kidnap the two (2) sons of the informant in order to commit their murder.

Patna High Court CR. MISC. No.74209 of 2022(2) dt.22-03-2023 2/3 Learned counsel appearing on behalf of the petitioner submitted that name of the petitioner surfaced on the basis of confessional statement of co-accused, namely, Umesh Ravidas, in furtherance of which no incriminating material recovered/surfaced, during the course of investigation, which may connect this petitioner, prima facie, with the present occurrence of kidnapping. It is submitted that petitioner was not put on TIP, as yet. It is further submitted that petitioner found involved in one criminal case, where he is on bail. While concluding the argument, it is submitted that investigation of this case is completed, for which, charge-sheet has submitted, as such, there is no chance of tampering with the evidence.

Learned APP, while opposing the prayer of bail , fairly conceded that petitioner is not named in the FIR. In view of the facts and circumstances as mentioned above and by taking note of facts, as save and except confession, no incriminating material recovered/surfaced, during the course of investigation to connect this petitioner coupled with the fact that charge-sheet has already submitted, let the petitioner, above named, is directed to be released on bail in connection with Kauwakol P.S. Case No. 133 of 2013 on furnishing bail bond of Rs.

Patna High Court CR. MISC. No.74209 of 2022(2) dt.22-03-2023 3/3 two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada/concerned Court, subject to the conditions as laid down u/s 437(3) of the Cr.P.C. (Chandra Shekhar Jha, J) R.S.Sen/- U T