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Patna High Court - Orders

Guddu Yadav vs The State Of Bihar on 5 January, 2015

Author: Dinesh Kumar Singh

Bench: Dinesh Kumar Singh

                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.23853 of 2014
                             Arising Out of PS.Case No. -21 Year- 2002 Thana -SIMRA District-
                                             WESTCHAMPARAN(BETTIAH)
                 ======================================================
                 1. Guddu Yadav son of Rudal Yadav resident of village - Karhiya Basauli,
                    Police Station - Thakraha, District - West Champaran

                                                                                    .... ....   Petitioner
                                                        Versus
                 1. The State of Bihar

                                                                .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner     : Mr. Brij Kishor Mishra
                 For the Opposite Party : Mr. Dr.Kumar Uday Pratap (App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                                                  ORAL ORDER

3   05-01-2015

Petitioner is languishing in custody since 10.04.2014 in a case registered for the offences punishable under Sections 364(A), 379 of the I.P.C.

The prosecution case is of kidnapping the informant and his two sons. Subsequently the informant and his one son were released but another son Santosh Singh was not released and ransom was demanded. One co-accused Paras Yadav was apprehended on the spot who disclosed the name of this petitioner.

It is submitted by learned counsel for the petitioner that the prosecution agency never got any process issued against this petitioner and the petitioner has been remanded in the present case from Thakraha P.S. Case No. 154 of 2012 when no T.I.P of the petitioner has been held. It is further submitted that apprehended accused Paras Yadav has Patna High Court Cr.Misc. No.23853 of 2014 (3) dt.05-01-2015 2/2 already been granted bail.

A statement has been made in para 3 of the petition that petitioner is accused in one other case apart from the present one.

Considering the aforesaid facts, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in connection with Semra P.S. Case No. 21 of 2002.

Since the case was registered in 2002 and petitioner was named in the F.I.R and he was remanded in the present case on 10.04.2014, learned Court below will positively cancel the bail bonds of the petitioner, if the petitioner defaults for three consecutive occasions during the trial.

(Dinesh Kumar Singh, J) Shageer/-

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