In a criminal miscellaneous matter, the Patna High Court granted bail to the petitioner in a case involving kidnapping. The court noted limited material linking the petitioner and allowed release upon furnishing a bond.
Petitioner directed to be enlarged on bail by furnishing bail bond of Rs. 10,000 with two sureties of the like amount each.
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.12498 of 2017
Arising Out of PS.Case No. -64 Year- 2012 Thana -DUMARIA District- GAYA
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Amarjeet Yadav, Son of Ram Swaroop Yadav, Resident of VillagePratappur, P.S.- Pratappur, District- Chatra (Jharkhand).
.... .... Petitioner
Versus
The State of Bihar
.... .... Opposite Party
====================================================== Appearance : For the Petitioner : Mr. Md. Javed Jafar Khan, Advocate. For the Opposite Party : Mr. Lalan Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 23-03-2017 Heard both sides.
The petitioner seeks bail in Dumariya P.S. Case No. 64 of 2012, registered for the offences punishable under Sections 364(A) and 34 of the Indian Penal Code.
The father of the informant lodged the case against unknown for kidnapping of his son Satish Kumar by motorcycle boarded criminals.
Learned counsel for the petitioner submits that Dumariya P.S. Case No. 65 of 2012 was registered on the statement of the informant for recovery of his son from possession of Mithun Bharti. It is further submitted that Mithun Bharti is said to have made inculpatory statement before the police and disclosed the name of the petitioner and others. Similarly situated
Patna High Court Cr.Misc. No.12498 of 2017 (2) dt.23-03-2017
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co-accused Bhola Das @ Bhola Kumar @ Bhola Kumar Das has already been enlarged on bail vide order dated 13.11.2014 passed in Cr. Misc. No. 18645 of 2014. The statement of the victim Satish Kumar was also recorded but the victim did not disclose the name of the petitioner.
Considering the facts that save and except the fact that Mithun Bharti the co-accused named the petitioner in his confessional statement, there is no other material to show the involvement of the petitioner in the present case of kidnapping of the son of the informant and similarly situated co-accused has already been enlarged on bail, the petitioner above named is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each
to the satisfaction of the Learned Sub-Divisional Judicial Magistrate, Sherghati at Gaya in Dumariya P.S. Case No. 64 of 2012.
(Prabhat Kumar Jha, J.)
KKSINHA/-
U T
1 issue framed by the court
Whether the petitioner should be granted bail in a kidnapping case.
Amarjeet Yadav
The State of Bihar
Prabhatar Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
