Rohit Kumar @ Rohit Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9539 of 2018 Arising Out of PS. Case No.-170 Year-2017 Thana- JAGDISHPUR District- Bhagalpur ====================================================== Rohit Kumar @ Rohit Kumar Singh, Son of Pramod Singh, Resident of Village- Madapa, P.S. Balbadda, District- Godda (Jharkhand). ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Davendra Kumar Pandey For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 16-03-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in connection with Jagdishpur P.S. Case No. 170 of 2017 registered under Section 364(A) of the Indian Penal Code.

One Tinku Miya is said to have kidnapped the son of the informant who demanded Rs. 2,50,000/- spent by him in managing the bail for his son.

It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. He has been falsely implicated in this case. Neither the informant in his further statement nor the victim in his statement under Section 164 Cr.P.C. have named the petitioner in the occurrence. There

Patna High Court Cr.Misc. No.9539 of 2018(4) dt.16-03-2018 2/2 is nothing in the record indicating the complicity of the petitioner barring confessional statement of co-accused Abhishek Kumar Singh @ Chhotu and Golu @ Ashok Kumar Choudhary recorded before the police which has no evidentiary value in the eye of law. He has no criminal antecedent. He has been languishing in custody since 5.06.2017. Co-accused Golu @ Pratyksh@ Akshat Kumar Choubey has been enlarged on bail vide order dated 21.12.2017 passed in Cr. Misc. no. 49561 of 2017 by a co-ordinate Bench of this Court.

In the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned 5th Additional Sessions Judge, Bhagalpur in connection with Jagdishpur P.S. Case No. 170 of 2017.

(Prakash Chandra Jaiswal, J) rohit/- U T