Sukesh Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78672 of 2019 Arising Out of PS. Case No.-185 Year-2019 Thana- ROHTAS District- Rohtas ====================================================== Sukesh Pandey, S/O- Late Shivshankar Pandey R/O-Village - Patkholiya, P.S.- Rohtas, District - Rohtas at Sasaram.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhay Kumar Singh, Advocate Mr. Deovind Kumar Singh, Advocate For the Opposite Party/s :

Ms. Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 16-03-2020 The petitioner, who is in custody since 14.08.2019, seeks bail in connection with Rohtas P.S. Case No. 185 of 2019 dated 30.07.2019 instituted for the offence under Section 364(A) of the Indian Penal Code.

The father of the informant is said to have been kidnapped for securing ransom. Mobile telephone numbers of various persons have been provided in the FIR, on which numbers, the wife of the victim had talked with certain persons. It further appears from the records of the case that the victim (father of the informant)

Patna High Court CR. MISC. No.78672 of 2019(3) dt.16-03-2020 2/3 returned only on the next day and gave his statement before the police in which he has not named the petitioner. The name of the petitioner has transpired in the statement of some of the suspected accused persons who have alleged that the petitioner had provided inputs regarding the victim for him to be kidnapped. Apart from this, there is no other material to connect the petitioner with the offence. Neither any incriminating material has been collected against the petitioner nor has he been put on test identification parade.

Thus, at best, the implication of the petitioner in this case is on the basis of confession of a co-accused regarding the petitioner having provided insider's information regarding the movement of the victim. Other accused persons with similar nature of accusation against them have been granted bail by different benches of this Court.

Considering the aforestated facts, the petitioner is directed to be released on bail on his furnishing bail

Patna High Court CR. MISC. No.78672 of 2019(3) dt.16-03-2020 3/3 bonds in the sum of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Dehri in connection with Rohtas P.S. Case No. 185 of 2019. While saying so, the Court has also taken note of the fact that the petitioner has been granted bail in two other cases in which he has been made accused apart from this case.

(Ashutosh Kumar, J) krishna/- U T