IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.16697 of 2011 Lal Bihari Mahto Versus The State Of Bihar ---------------------------------- 4 17-08-2011 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the state. Petitioner is in jail custody since 30.12.2010 in a case registered under Section-364A/34 of the Indian Penal Code. The petitioner alongwith FIR named accused persons were caught by the police party while the victim of this case was being carried out by his kidnappers in a vehicle. The motorcycle of the petitioner was also used in committing the alleged crime and the said motorcycle was also caught at the place of occurrence. Learnd counsel appearing for the petitioner submits that the petitioner was apprehended by the police from his house and as a matter of fact, he was never caught at the spot. It is further contended by him that father of the petitioner had already filed informatory petition before learned Chief Judicial Magistrate, Muzaffarpur. It is further contended by him that one, Pankaj Kumar, S/o Kameshwar Singh has been found innocent by Dy S.P. and S.P. and on the basis of supervision note of Dy. S.P. and Superintendent of Police, Muzaffarpur, the learned Chief Judicial Magistrate, Muzaffarpur has granted bail to aforesaid Pankaj Kumar, S/o 2 Kameshwar Singh vide order dated 09.02.2011 passed in Trial No. 9661 of 2011. On the otherhand, learned Additional Public Prosecutor vehemently opposed the prayer for bail submitting that the petitioner was caught at the spot and the victim was recovered from a vehicle in which the petitioner was also sitting. After taking into consideration the above stated facts and circumstances as well as submission of the parties, I am not inclined to release the petitioner on bail. Accordingly, prayer for bail of the petitioner in connection with Bochaha P.S. Case No. 211 of 2010 pending in the court of Chief Judicial Magistrate, Muzaffarpur is, hereby, rejected. Before parting with this order, I would like to say that in such a serious case of kidnapping, the Dy. S.P. as well as S.P. Muzaffarpur have not acted in proper way and exonerated the co-accused, Pankaj Kumar, S/o Kameshwar Singh who was caught at the spot alongwith the victim and particularly, in the circumstance, when not only the victim but his other family members also stated the involvement of aforesaid Pankaj Kumar, S/o Kameshwar Singh in the present crime. Let a copy of this order be sent to D.G.P. Bihar, Patna for needful. AKV/- ( Hemant Kumar Srivastava,J.)