The court granted bail to the petitioner in a kidnapping case instituted under Sections 364, 365, and 130(B)/34 of the IPC, subject to specific conditions including family guarantee and attendance requirements.
Release on bail on furnishing bond of Rs. 10,000 with two sureties of like amount, subject to specific conditions.
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.49085 of 2014
Arising Out of PS.Case No. -45 Year- 2013 Thana -IMAMGANJ District- GAYA ====================================================== Ganesh Ram son of late Budhan Ram Resident of village - Bhirha, P.S. - Imamganj (Sherghati), District - Gaya. .... .... Petitioner/s Versus The State of Bihar. .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Chandra Moleshwar For the Opposite Party/s : Mr. A.L. Pandit (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 3 14-01-2015 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner seeks bail in a case instituted for the offences under Sections 364, 365 and 130(B)/34 of the Indian Penal Code.
Earlier this Court vide order dated 11.12.2013 passed in Cr. Misc. No. 49143 of 2013 rejected the prayer for bail of the petitioner with a liberty to renew his prayer for bail after framing of the charge.
In the First Information Report allegation of kidnapping of a boy by some miscreants has been made but he could flee away from his confinement. The name of the petitioner also surfaced during investigation. The petitioner is in jail since
Patna High Court Cr.Misc. No.49085 of 2014 (3) dt.14-01-2015
2
10.7.2013.
Having considered the facts and circumstances of the case, let the petitioner, Ganesh Ram, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Sherghati, Gaya in Imamganj P.S. Case No.45 of 2013, subject to the conditions that (i) one of the bailors shall be a close relative of the petitioner (ii) If the petitioner is found involved in future in similar type of case the prosecution will be at liberty to make prayer for cancellation of his bail and the court below will pass necessary order including cancellation of bail and (iii) petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates, the court below will be at liberty to cancel the bail bonds of the petitioner.
(Shivaji Pandey, J)
Vinay/-
U T
1 issue framed by the court
Whether the petitioner, lodged in jail since 10.7.2013 for offences of kidnapping, is eligible for bail.
1 provisions across 1 enactments
Ganesh Ram
The State of Bihar
Shivaji Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
