Patna High Court granted regular bail to the petitioner accused of kidnapping for ransom under Section 364(A) IPC. Bail allowed on bonds of Rs.10,000 with two sureties of similar amount on specific conditions for trial cooperation.
Petitioner released on bail on furnishing bonds of Rs. 10,000/- with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5437 of 2023
Arising Out of PS. Case No.-194 Year-2022 Thana- SANGRAMPUR District- Munger
======================================================
ABHISHEK YADAV Son of Babu Lal Yadav Resident of Prithivi Chak, P.S.Sangrampur, District - Munger
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr.Ajit Kumar Singh For the Opposite Party/s : Mr.Shailendra Kumar ======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY
ORAL ORDER
3 01-05-2023
Heard learned counsel for the petitioner as well as learned APP for the State.
In this case, the petitioner is seeking regular bail in connection with Sangrampur P.S. Case No. 194 of 2022, registered for the offences punishable under Sections 364(A) of the Indian Penal Code.
As per allegation, when the construction work was going on, three named accused persons, including the petitioner came to the construction site and demanded Rs. 50,000/- as ransom. They forcibly took away Satya Nand Kumar and demanded Rs. 2 lacs ransom on mobile.
The learned counsel for the petitioner has submitted that petitioner is innocent. It is admitted fact that the petitioner
Patna High Court CR. MISC. No.5437 of 2023(3) dt.01-05-2023 2/3
is a labourer under the informant himself and there is no occasion for his involvement in the occurrence before lodging of the case. The petitioner was a person of clean antecedent but after lodging of this FIR, he was implicated also in one case under Arms Act. He is under custody since 22.07.2022. He has also submitted that the trial is going on as Session Trial No. 9 of 2023. The informant and even Satya Nand Kumar have been examined and they did not identify the petitioner.
On the other hand, the learned APP has opposed the prayer for bail.
Considering the above-mentioned facts and circumstances, let the petitioner above-named be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned J.M. 1st Class, Munger in connection with Sangrampur P.S. Case No. 194 of 2022, subject to the following conditions:-
(i) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.
(ii) If the petitioner is found involved in future in the similar type of offence, the prosecution will have liberty to file an application before the court below for
Patna High Court CR. MISC. No.5437 of 2023(3) dt.01-05-2023 3/3
cancellation of the bail of the petitioner and the learned court below will take decision in accordance with law.
(Nawneet Kumar Pandey, J)
Sudha/Kundan
U T
1 issue framed by the court
Whether the petitioner be granted regular bail in the present custody pending trial.
2 provisions across 2 enactments
Abhishek Yadav
The State of Bihar
Nawneet Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
