The Patna High Court granted bail to the petitioner, who was an absconder in a kidnapping case, directing his release on Rs. 10,000 with two sureties as co-accused were already freed and no execution report existed.
Petitioner released on bail Rs. 10,000 with two sureties of like amount; conditions regarding attendance and nature of surety specified.
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Patna High Court Cr.Misc. No.26650 of 2014 (3) dt.13-08-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26650 of 2014
Arising Out of PS.Case No. -72 Year- 1994 Thana -MANJHI District- SARAN ====================================================== Thakur Mallah Son of Late Daroga Mallah resident of village - Tajpur Chhotaki Fulwariya, Police Station - Manjhee, District - Saran at Chapra .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Raghwendra Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 3 13-08-2014 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner seeks bail in connection with UT No. 282 of 2014 (arising out of Manjhi P.S. Case No. 72 of 1994) registered for the offence punishable under Section 364 A of the Indian Penal Code.
The petitioner is not named in the FIR but when the victim was recovered, he, in his statement recorded under Section 164 Cr.P.C. stated the name of the petitioner also regarding the involvement in his kidnapping. The petitioner remained absconding and has been remanded in this case on 2.1.2014.
Submission at the bar for release of the petitioner is that in this case other co-accused have already been allowed bail
Patna High Court Cr.Misc. No.26650 of 2014 (3) dt.13-08-2014
by the court below itself and against the petitioner on the record, there is no service report of summon or execution report of warrant and without any report he was declared absconder vide order dated 5.8.2013 about which the petitioner was not aware.
In the facts and circumstances as stated above and in view of the submissions as made above, the petitioner Thakur Mallah is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Anchal Dwivedi, J. M., Saran at Chapra in connection with UT. No. 282 of 2014 (arising out of Manjhi P.S. Case No. 72 of 1994), subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.
(Jitendra Mohan Sharma, J)
avin/-
U T
1 issue framed by the court
Whether the petitioner, who was declared an absconder without notice, is entitled to bail given the co-accused have already been released and no service report exists?
Thakur Mallah
The State of Bihar
Jitendra Mohan Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
