Petitioner sought regular bail in a kidnapping case. The court rejected the prayer, holding that the nature of the offense and recovery of the victim and firearm during search disqualified him from bail privilege.
Petitioner's bail prayer stands rejected.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19636 of 2022
Arising Out of PS. Case No.-39 Year-2021 Thana- JOGAPATTI District- West Champaran
======================================================
LAXHMAN CHAUDHARY @ LAKSHMAN CHAUDHARY son of - Late Dhurup Chaudhary Resident of Village - Sareyaman, P.S. - Baria, District - West Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Milind Kumar Mishra, Advocate For the Opposite Party/s : Mr. Binod Kumar No.3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SHAILENDRA SINGH ORAL ORDER
4 13-02-2023
Heard learned counsel for the petitioner and the learned APP for the State.
Petitioner seeks regular bail in connection with Yogapatti (Nawalpur) P.S. Case No. 39 of 2021 registered for the offences punishable under Sections 363, 365, 364A and 34 of the Indian Penal Code.
As per the prosecution, the informant alleged that two unknown persons kidnapped his minor grandson in front of his house on a motorcycle by persuading him to meet the informant in the market.
The main submissions advanced by the learned counsel Mr. Milind Kumar Mishra appearing for the petitioner are that so-called victim was recovered without the payment of
Patna High Court CR. MISC. No.19636 of 2022(4) dt.13-02-2023 2/2
the alleged ransom amount and the investigation against the petitioner has been completed and he has been languishing in jail since 01.02.2021.
Learned APP Mr. Binod Kumar No.3 appearing for the State has opposed the bail prayer.
Heard both the sides and perused the FIR. Considering the nature of the allegation appearing against the petitioner and his alleged involvment in the kidnapping of the informant’s grand son and during the search operation conducted by the police the victim was recovered from a field and the petitioner was arrested at the spot with fire-arm, in the opinion of this Court the petitioner does not deserve to the privilege of bail. Accordingly, his bail prayer stands rejected.
(Shailendra Singh, J)
sangam/-
U T
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a kidnapping case where the victim was recovered and a firearm was found at the spot.
Laxhman Chaudhary @ Lakshman Chaudhary
The State of Bihar
Shailendra Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
