This order grants bail to the petitioner detained under Section 364A IPC, who was not named in the initial FIR, considering the similar circumstances of a co-accused and the period already undergone in custody.
Petitioner released on bail on bond of Rs.20,000 with two sureties of like amount, subject to cooperation with investigation.
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IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13055 of 2018
Arising Out of PS.Case No. -62 Year- 2017 Thana -BOCHHA District- MUZAFFARPUR
====================================================== 1. Ravi Kumar, S/o Ganesh Chaudhari, Resident of Village-Choarniya, P.S.-Gayghat, District-Muzaffarpur.
.... .... Petitioner/s
Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Dhirendra Kumar Sinha, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER
4 18-04-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned Additional Public Prosecutor for the State.
The petitioner is languishing in custody for the offence punishable under Section 364A of the Indian Penal Code.
The petitioner is not named in the FIR.
Submission is that on recovery, the statement of
the victim boy was recorded under Section 164 Cr.P.C. wherein he had not named the petitioner; rather had named Sanjay Kumar as main abductor/kidnapper, who has already been allowed bail by a coordinate Bench of this Court vide Annexure-2.
Learned counsel for the informant opposed the prayer on the ground that the mobile through which ransom was
Patna High Court Cr.Misc. No.13055 of 2018 (4) dt.18-04-2018
P2/
demanded was recovered from the possession of the petitioner on the basis of CDR and thereafter on the disclosure of the petitioner the victim was recovered from a particular place. Thereafter, the victim identified the petitioner as one of the perpetrator of the crime. The petitioner is in custody since 26.04.2017.
Considering the fact that the allegation against the petitioner is at least similar to that of co-accused Sanjay Kumar as well as considering the period already undergone, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with S. T. No.466 of 2017, arising out of Bochaha P.S. Case No.62 of 2017, with condition that the petitioner shall fully cooperate with the investigation/trial of the case, failing which the court-below shall be at liberty to cancel the bail bond of the petitioner.
(Birendra Kumar, J)
Mkr./-
U T
1 issue framed by the court
Whether the petitioner, detained under a separate charge but not named in the FIR, should be released on bail despite custody duration.
Ravi Kumar
The State of Bihar
BIRENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
