Ajit Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79291 of 2024 Arising Out of PS. Case No.-326 Year-2022 Thana- KHODAWANDPUR District- Begusarai ====================================================== Ajit Yadav, S/o Ram Vishesh Yadav, resident of village-Dhattaha, P.O.- Darha P.S.- Rosra, District-Samastipur ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sabal Kumar Jha, Advocate For the Opposite Party/s :
Mr. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 17-01-2025 Heard learned counsel appearing on behalf of the petitioner and learned A.P.P. for the State.
2. Petitioner seeks bail in connection with Khodabandpur P.S. Case No. 326 of 2022 registered for the offences under Sections 363 and 365 of the Indian Penal Code.
3. The petitioner is not named in the First Information Report and is in custody since 07.05.2024.
4. Allegation against the petitioner is to kidnap the son of informant alongwith co-accused person, who is none but the wife of son of the informant, where son of informant is still traceless.
5. It is submitted by learned counsel appearing on behalf of the petitioner that name of
2/4 petitioner transpired on the basis of confessional statement of co-accused Ramnath Yadav, where in furtherance of which, no incriminating material recovered/surfaced during the course of investigation as to connect petitioner prima facie with present occurrence of kidnapping. It is submitted that the said co-accused Ramnath Yadav has already granted bail by this Court in Cr. Misc. No.50487 of 2024 dated 20.09.2024. It is further submitted that petitioner has been falsely implicated with the present case, where the thrust of allegation is available against co-accused Rita Devi. It is submitted that as he found in mobile conversation with co-accused Rita Devi on certain occasion as per Call Detail Report, on the basis of such suspicion he was implicated with present case. It is also pointed out that the petitioner is man of clean antecedent and moreover, investigation of this case is completed for which charge-sheet has been submitted and as such, there is no chance of tampering with the evidence
6. It is submitted that co-accused Rita Devi, who is wife of the son of informant also lodged a
3/4 complaint case against the informant of this case, which has been registered as Complaint Case No. 173/2022 and for that reason only the present false implication was raised.
7. Learned A.P.P. for the State has opposed the prayer for bail of the petitioner.
8. In view of aforesaid factual submission and by taking note of the fact that save and except suspicion arising out of confessional statement of coaccused, Ramnath Yadav, nothing incriminating material recovered/surfaced during course of investigation as to connect the petitioner prima-facie with the present occurrence, coupled with the fact that investigation of this case is completed, where petitioner is in custody since 07.05.2024, accordingly, above-named petitioner is directed to be released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Manjhaul at Begusarai/concerned court, in connection with Khodabandpur P.S. Case No. 326 of 2022, subject to the condition as laid down under Section 437(3) Cr.P.C/Section 480(3) of the
4/4 Bhartiya Nyaya Suraksha Sanhita (in short "B.N.S.S.").
(Chandra Shekhar Jha, J.) Sanjeet/- U T