IN THE HIGH COURT OF JUDICATURE AT PATNA Cr. Misc. No. 36856 of 2009 SHIVENDRA YADAV @ SHIVENDU YADAV @ SHIVBANDHU YADAV, S/O RAMSARUP YADAV VILL. - KODBARIYA, P.S.- SIKANDRA, DISTT.- JAMUI ………………………………..… PETITIONER Versus THE STATE OF BIHAR ……..…. OPPOSITE PARTY. ----------- For the Petitioner:- Mr. Prabhat Ranjan Singh, Advocate. For the State:- Mr. R.P.S. Singh, A.P.P. For the Informant:- Mr. Amrendra Kumar, Advocate. ---------- 3. 16.12.2009. Heard learned consel for the petitioner, learned A.P.P. for the State and learned counsel appearing on behalf of the informant. Petitioner seeks bail in a case registered under Sections 364(A) and 34 of the Indian Penal Code. It is submitted on behalf the petitioner that only on the basis of suspicion he has been implicated in this case as nobody had seen him along with other accused persons, who are said to be involved in commission of crime. It is further submitted that on the basis of certain phone calls having been made on the mobile phone of the kidnapped person from the mobile phone of this petitioner, the petitioner has been implicated in this case. Learned counsel for the informant submitted - 2 - that on the basis of the confessional statement of this petitioner, some clothes and shoes of the victim were recovered from the `Sasural’ of this petitioner and those articles had been identified by the informant and one Asha Devi. It has been further stated that the imprint of the calls made by the mobile phone belonging to the petitioner shows that some calls were made from the mobile no. of the petitioner to the mobile no. of the kidnapped person. Learned counsel for the State submitted that after his arrest, the petitioner has confessed his guilt and, on the basis of that, there had been recovery of some clothes and shoes of the victim from the `Sasural’ of this petitioner. The kidnapped person is yet to be recovered. Having regard to the gravity and nature of allegations and the fact that upon the statement of this petitioner, some articles belonging to the victim had been recovered from his in-laws’ house, which have been identified by the informant and one Asha Devi to be that of the kidnapped person and also that the - 3 - kidnapped person is yet to be recovered, I am not inclined to grant bail to this petitioner for the present. This application is dismissed at this stage. dk ( Dr. Ravi Ranjan, J. )